RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-02501 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His official records be changed to show he elected not to participate in the Reserve Component Survivor Benefit Plan (RCSBP) and he be refunded all deductions to retirement pay. APPLICANT CONTENDS THAT: The DD Form 2656, Data for Payment of Retired Personnel, dated 8 Jan 15, shows that he elected not to participate in the RCSBP but when he received his first retirement pay statement there was a deduction for SBP. There was a notation that he had elected to participate in the SBP on 25 Apr 98, however; he and his spouse do not need the plan. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 1 Feb 91, the applicant entered the Air Force Reserve. On 25 Apr 98, he signed ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, marking “Option C (Immediate Annuity)” and “Spouse and Child(ren)” under parts a and b, respectively. On 8 Jan 15, he signed DD Form 2656, Section IX(g), indicating he elected not to participate in SBP. On 5 May 15, the applicant retired and was placed on the retired reserve list. He was credited with 37 years, 11 months, and 4 days of service for basic pay. 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: AFRC/DPTT recommends denial indicating that per Title 10, USC Subsection 1448(a)(4)(B), “Reserve-component annuity. An election under paragraph (2)(B) is irrevocable if not revoked before the end of the 90-day period referred to in that paragraph. The applicant initially elected option C, “Immediate Annuity” for “Spouse and Child,” on the DD Form 2656-5, effective 25 Apr 98. He acknowledges making an initial election in 1998, however; states he and his wife no longer require coverage. When the member applied for retirement pay on 8 Jan 15 and declined SBP on the DD Form 2656, he did not have the authority to do so per Title 10, USC Subsection 1448(a)(4)(B). A complete copy of the ARPC/DPTT evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 3 Nov 15 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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 in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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 documentary evidence pertaining to AFBCMR Docket Number BC-2015-02501 was considered: Exhibit A. DD Form 149, dated 10 Jun 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, ARPC/DPTT, dated 27 Aug 15. Exhibit D. Letter, SAF/MRBR, dated 3 Nov 15.