RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: 

 DOCKET NUMBER: BC-2011-04358 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be allowed to withdraw from the Reserve Component Survivor 
Benefit Plan (RCSBP). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

In 2001, he was advised to select SBP coverage whether he wanted 
it or not and if he did not elect coverage it would be selected 
for him. He was also advised to waive the coverage before his 
retirement date took effect (29 September 2011). He submitted 
his waiver for coverage 30 days before his retirement pay 
officially started. 

 

In support of the applicant’s appeal, he provides a copy of a 
California All-Purpose Acknowledgement Form and DD Form 2656, Data for Payment of Retired Personnel. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

ARPC Form 123, Reserve Component Survivor Benefit Plan election 
Certificate, reflects the applicant and his spouse married on 
28 May 1977. The applicant made an RCSBP election of full 
coverage for his spouse and children on 5 February 2001. 

 

DD Form 2656, dated 3 August 2011, reflects the applicant elected 
not to participate in SBP. 

 

The applicant retired on 29 September 2011. 

 

_________________________________________________________________ 

 

 

 

 


AIR FORCE EVALUATION: 

 

ARPC/DPIT recommends denial. DPSIT states the applicant made a 
valid RCSBP election in 2001. He had the opportunity to request 
assistance before making that RCSBP election for full coverage 
for his spouse. His spouse has been covered by the RCSBP program 
and if the applicant had died, she would have received a survivor 
benefit under the program. Because there had been no change to 
his beneficiary at the time he made application for his retired 
pay in 2011, he could not, by law, elect not to participate in 
the SBP program. Section XI, Certification, on the DD Form 2656, 
states the member can terminate SBP participation with spouse 
consent, only within one year after the second anniversary of 
commencement of retired pay. This section immediately precedes 
the member’s signature. 

 

The DPSIT complete evaluation, with attachment, is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 10 February 2012, a copy of the Air Force evaluation was 
forwarded to the applicant for review and response within 30 days 
(Exhibit C). 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 not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or an injustice. We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinion and the 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion the 
applicant has failed to sustain his burden of proof of the 
existence of an error or injustice. Therefore, in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the relief sought in this application. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 


The applicant be notified the evidence presented did not 
demonstrate the existence of an 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-2011-04358 in Executive Session on 15 August 2012, 
under the provisions of AFI 36-2603: 

 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-04358 was considered: 

 

 Exhibit A. DD Form 149, dated 23 November 2011, w/atchs. 

 Exhibit B. Letter, ARPC/DPTT, dated 23 January 2012, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 10 February 2012.