RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02189 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her record be corrected to show that she elected Option A (Decline election until Age 60), under the Reserve Component Survivor Benefit Plan (RCSBP), for child only coverage, based on full retired pay. ________________________________________________________________ APPLICANT CONTENDS THAT: She was not properly counseled about the RCSBP and elected Option B (Deferred Annuity), when she should have elected Option A. Had she received proper counseling, she would have elected Option A, since her children will not be eligible to receive benefits when she turns age 60. The applicant's complete submission at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 9 Jul 09, the applicant was notified of her eligibility to participate in the RCSBP via certified mail. The election package was sent to her address: . On 9 Sep 09, she filled out an ARPC Form 123, RCSBP Certificate, which reflects her election of Option B, "Deferred Annuity for Child Only." She was divorced and had dependent children during the time. EXAMINER’S NOTE: The application is dated 23 Apr 10; however, the application was received at SAF/MRBR, on 27 Apr 12. ________________________________________________________________ AIR FORCE EVALUATION: HQ ARPC/DPPT recommends denial, stating, in part, based on the facts provided, the applicant made an irrevocable RCSBP election for Option B, "Deferred Annuity for Child Only" as prescribed by law U.S.C. Title 10, Section 1448. The applicant stated that she was never counseled by a subject matter expert and did not understand the RCSBP selection she made. She claims that she contacted ARPC and was advised about her RCSBP options after the event. The RCSBP information packet that was originally sent to the applicant explained to contact ARPC in the event of questions or concerns within 90 calendar days from the date of receipt. They have no record of the applicant calling ARPC during this time period. In accordance with Title 10, U.S.C., Section 1448 the RCSBP election is irrevocable if not revoked before the end of the 90- day period unless there is a life changing event. . The complete DPPT evaluation, with attachments, is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 25 Jun 12 for review and response. As of this date, no response has been received by this office (Exhibit C). ________________________________________________________________ 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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, the Air Force Reserve office of primary responsibility has conducted an exhaustive review of the available evidence and we are in agreement with its opinion and recommendation. Therefore, we adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim 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 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-2012-02189 in Executive Session on 19 December 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 Apr 10, w/atchs. Exhibit B. Letter, ARPC/DPTT, dated 18 Jun 12, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 25 Jun 12.