RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-04202 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His Reserve Component Survivor Benefit Election (RCSBP) be changed to Option C: Immediate Annuity for “Spouse and Child” effective on 23 Sep 99.

APPLICANT CONTENDS THAT:
His current RCSBP election of Option A: “Defer Making an Election Until 60” was automatic since he did not respond to the election request.

He did not have a clear clarification on the required process when he out-processed from his assigned Wing.

He has provided documents as to his dependents on 23 Sep 99.
The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
On 20 Apr 99, the applicant was issued a Notification of Eligibility for Retired Pay at Age 60 and Audit of Retired Points memorandum. The memorandum advised the applicant he would receive a RCSBP package by certified mail within 30 days.

On 25 May 99, the applicant acknowledged receipt of the RCSBP package, but did not submit a formal election within the 90 day specified period.

The applicant will be 60 years of age on 1 Sep 19.
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 an injustice. The applicant was properly notified on 25 May 99 on his RCSBP eligibility. Since he did not respond within the specified 90 days, the RCSBP election Option A: “Defer Making an Election Until 60” was automatically entered as his election.

The 2001 Authorization Act changed the RCSBP enrollment procedure to automatically give members Option C, “Immediate Annuity” for all eligible beneficiaries if they did not reply within 90 days of initial notification.

If the decision is to grant the relief, the applicant’s record should be corrected to reflect he elected Option C, “Immediate Annuity” for “Spouse & Child” effective the date of initial eligibility, 23 Aug 99.

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 8 Apr 16 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 or injustice. In this case, the applicant was properly notified about his RCSBP election options and failed to respond in the prescribed time. As a result, by law, his SBP election was automatically entered as Option A; “Defer Making an Election Until Age 60.” Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

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-2015-04202 in Executive Session on 7 March 2017 under the provisions of AFI 36-2603:

, Panel Chair Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04202 was considered:

Exhibit A.	DD Form 149, dated 4 Sep 15, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPTT, dated 10 Feb 16. Exhibit D.	Letter, SAF/MRBR, dated 8 Apr 16.

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.