RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04223

	COUNSEL: NONE

	HEARING: NO

APPLICANT’S REQUEST.  That his Reserve Component Survivor Benefit Plan (RCSBP) child only coverage be amended to add his spouse.

APPLICANT’S CONTENTION.  In Jan 2002, the Air Reserve Personnel Center (ARPC) told him that he would be able to change his RCSBP election when he retired.  He later found out that he would not be able to change his election until he starts drawing retired pay.  Furthermore, he did not receive any counseling on RCSBP, and the ARPC Form 123, Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate, he signed was vague and had no instructions.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS.  The applicant initially enlisted in the Iowa Air National Guard (ANG) on 11 Aug 87.  On 7 Jun 97, the applicant was appointed a captain in the Michigan ANG.  On 5 Nov 01, he was notified he had completed the required years of service to be eligible for retired pay.  On 8 Jan 02, the applicant elected child only RCSBP, and his wife concurred with the election.  On 31 Dec 12, the applicant was transferred to the Retired Reserve to await retired pay at age 60.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION.  ARPC/DPTT recommends denying the application.  Air Force Reserve and ANG service members are sent a certified letter of their eligibility for RCSBP and an explanation of the program and guidance on making elections.  The applicant acknowledged receipt of this guidance by returning the ARPC Form 123, with his desired election in 2002.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The Board sent a copy of the Air Force evaluation to the applicant on 4 Jul 17 for comment (Exhibit D), and the applicant replied on 5 Sep 17.  In his response, the applicant contended the instructions on the ARPC Form 123 were inadequate.  He was not aware that an election was irrevocable if not revoked within the 90 days.  He believes the ARPC form should be amended to alert services member that their elections are irrevocable.  The applicant’s complete response is at Exhibit E, with attachments.

THE BOARD CONCLUDES:

1.  The application was not timely filed.  

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.  

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with ARPC/DPTT and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, we find no basis to recommend granting the requested relief 

THE BOARD RECOMMENDS:  The applicant be informed that the evidence did not demonstrate material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION: The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered AFBCMR Docket Number BC-2016-04223 in Executive Session on 22 Mar 18:

	, Panel Chair
	, Member
	, Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 14 Oct 16, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, ARPC/DPTT, dated 14 Jul 17, w/atch.
Exhibit D: Notification of Advisory, SAF/MRBR to applicant, dated 25 Aug 17.
Exhibit E:  Applicant’s response to Exhibit D, dated 5 Sep 17, w/atchs.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.