RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03412 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her records be changed to show that she elected not to participate in the Reserve Component Survivor Benefit Plan (RCSRP). ________________________________________________________________ APPLICANT CONTENDS THAT: In 2007 she and her husband made the decision not to participate in the RCSBP and returned the required form to the Air Reserve Personnel Center (ARPC). She called ARPC and was told they did not receive her form and she was automatically enrolled, by law, in the RCSBP. ARPC apparently lost the form. Had she known that ARPC never received the form she would have contacted them in 2007. The applicant’s complete response is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force Office of Primary Responsibility (OPR). Accordingly, there is no need to recite these facts in this Record of Proceedings. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends denial. DPTT states the applicant was notified of her eligibility to participate in the RCSBP via a certified letter on 19 Dec 2007. DPTT has no record of ever receiving her election form. Since she made no election during the time, she was automatically enrolled in Option C, “Immediate Annuity,” for spouse only effective 16 Apr 2008. The complete DPTT evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 24 Sep 2012, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (Exhibit C). ________________________________________________________________ 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 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 offices of primary responsibility and adopt its rationale 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 that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 this application in Executive Session on 12 Feb 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered in AFBCMR BC- 2012-03412: Exhibit A. DD Form 149, dated 1 Aug 2012. Exhibit B. Letter, AFPC/DPTT, dated 6 Sep 2012, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 24 Sep 2012.