RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01573

						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

She be allowed to change her Reserve Component Survivor Benefit Plan (RCSBP) coverage from Option C (Immediate Annuity for spouse and child) to Option A (Defer making an election until age 60).

APPLICANT CONTENDS THAT:

At the time of her eligibility to participate in RCSBP she did not receive any counseling and did not understand the ramifications of an RCSBP automatic election.  Her daughter is permanently disabled and requires around the clock care. The RCSBP payments would exceed the income requirement for her daughter to continue to receive assistance from State and Federal agencies.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

On 30 Jul 85, the applicant was appointed in the Air Force Reserve (AFR).

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

ARPC/DPTT recommends denial indicating there is no evidence of an error or injustice.  On 2 Aug 06, the applicant was notified of her eligibility to participate in the RCSBP.  The applicant failed to respond and was automatically enrolled in Option C (Immediate Annuity) in accordance with the provisions of Title 10 Section 1448.  Under RCSBP service members have 90 days from the date of notification of eligibility to make their election.

A complete copy of the ARPC/DPTT evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In support of her request, the applicant responds that her daughter has a rare disease, as defined by the National Institutes of Health and National Organization for Rare Disorders.  At the time of her daughter’s diagnosis, there was no research beyond identifying the disorder.  Even the scientific community knew little about this syndrome at the time she made a RCSBP election in 2005.  She regrets that she failed to make a valid RCSBP election by not returning the ARPC Form 123 within the 90-day time limit.  As stated, she believed the default option was acceptable for her family.  She has since learned more about her disabled daughter's syndrome, its long-term impact, and options available for her care, she realized the default RCSBP election and resulting annuity will be detrimental to her daughter’s safety and welfare after her death because it will render her daughter ineligible for state and federal benefits, but will be insufficient to replace these services.  While Survivor Benefit Plan counselors now advise military members with disabled dependents of this possible negative impact, no such counseling was available in 2005.  She respectfully seeks your favorable consideration to change her RCSBP election from Option C, “Immediate Annuity for Spouse and Child” to Option A, “Defer Making an Election until Age 60”.  She is available to appear before the board and provide additional documentation as needed.

The applicant’s complete response is at Exhibit D.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant’s complete submission, to include the rebuttal response, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  While we are not unsympathetic to the applicant’s circumstances, the evidence of records shows she failed to respond within the timeframe required by law to make an election and was enrolled under Option C in accordance with law.  However, we suggest the applicant explore the options of a Special Needs Trust (SNT).  The SNT was established under the provisions of the National Defense Authorization Act (NDAA) 2015 to allow military members and retirees to direct a payments from an SBP annuity to the trust for a child with a disability.  The applicant can visit www.militaryonesource.mil/family-and-family-relationships/special-needs for information regarding a SNT.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2015-01573 in Executive Session on 11 May 16, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01573 was considered:

	Exhibit A.  DD Form 149, dated 8 Apr 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 15 May 15,
  w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 27 Jul 15.
	Exhibit E.  Letter, Applicant, dated 18 Aug 15.