RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-03663

							COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Reserve Component Survivor Benefit Plan (RCSBP) election be changed from Option C (Immediate Annuity for Spouse only) to Option A (Defer to Make an Election until Age 60) effective 19 October 1999, the date of his initial election.

APPLICANT CONTENDS THAT:

The paperwork he completed to apply for retirement pay at age 60 should override the election he made in 1999.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

According to ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, dated 19 October 1999, the applicant selected Option C (Immediate Annuity), Spouse Only.

Via Reserve Order EK-0554 dated 25 October 1999, the applicant was assigned to the Retired Reserve Section effective 1 December 1999, and was eligible for retired pay at age 60.

According to DD Form 2656, Data for Payment of Retired Personnel, dated 13 May 2015, the applicant elected not to participate in SBP and indicated he did not have eligible dependents under the plan.

Via Reserve Order Number EL-3428 dated 19 May 2015, the applicant was retired at age 60, effective 31 May 2015.

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 there is no evidence of an error or an injustice.  Title 10, United States Code, Subsection 1448(a) (4) (B), (Reserve-component annuity) states: “An election under paragraph (2) (B) is irrevocable if not revoked before the end of the 90-day period referred to in that paragraph.”  Upon eligibility to make an initial election in 1999, the applicant completed ARPC Form 123 electing Option C coverage effective 19 October 1999.  Once the applicant was eligible for retired pay in 2015, and realized that he was obligated to pay for the coverage, he completed a DD Form 2656 requesting to decline Survivor Benefit Plan.  That request was not taken into consideration because he had already made an election at the time of his initial eligibility in 1999.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

When he made the RCSBP election in 1999, he was told that if he passed away before age 60 his spouse would receive the annuity.  Had this option not been available, he would have elected Option A.  Circumstances have changed in the 16 years since he made the election.  In 2015, he retired from his state job and has an insurance policy that will pay his spouse a 100 percent annuity.  Therefore, they chose not to participate in SBP.

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 his rebuttal, 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 members of the Board considered AFBCMR Docket Number BC-2015-03663 in Executive Session on 4 November 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03663 was considered:

Exhibit A.  DD Form 149, dated 19 August 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, ARPC/DPTT, dated 2 June 2016, w/atchs.
Exhibit D.  Letter, AFBCMR, dated 24 June 2016.
Exhibit E.  Letter, Applicant, dated 4 July 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.