RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-01127

		 	COUNSEL: NONE

			HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that he “withdrew” from the 
Survivor Benefit Plan (SBP). 

_________________________________________________________________

APPLICANT CONTENDS THAT:

In 1993, when he retired an error was made on his retirement 
paperwork.  He did not have any dependents eligible for SBP 
since his children had reached the age of 18 prior to his 
retirement and none of them were in college.  

In 2001, when he reached the age of 60 and began drawing Reserve 
Retired pay, he started paying $10.43 per month for the Reserve 
Component Survivor Benefit Plan (RCSBP).  

In support of his appeal, the applicant provides copies of his 
NGB Form 22, Department of the Army and the Air Force National 
Guard Bureau Report of Separation and Record of Service and 
excerpt from his Retiree Account Statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 13 Jun 93, the applicant retired from the Hawaii Air National 
Guard. 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is attached at Exhibit B. 

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AIR FORCE EVALUATION: 

HQ ARPC/DPTT recommends denial.  DPTT states that the Military 
Personnel Data System (MilPDS) shows the applicant made an RCSBP 
election for full coverage for his children on 19 Aug 85.

DPTT states that a member who makes a RCSBP election has 
coverage from the date of the election; however, there is no 
cost to the member until they draw retired pay.  At that time, 
the cost of the RCSBP coverage is taken out the retired pay. 

DPTT states that the applicant had RCSBP coverage from 19 Aug 
85 until his children aged out (age 18 or 22 if they were 
enrolled full-time in college) and he did not pay any premiums.  
If the applicant had died before the children aged out they 
would have received an annuity.  

The applicant applied for Reserve pay under the provisions of 
Title 10, USC 12731 effective 24 Nov 01, his 60th birthday and 
has been receiving Reserve retired pay since that date.  The 
Defense Finance and Accounting System–Cleveland (DFAS-CL) 
reflects the applicant was only charged the RCSBP cost for the 
period he had valid coverage for his children.  There is no SBP 
deduction taken from his Reserve retired pay since they are no 
longer eligible dependents.

DPTT states that the applicant had a valid RCSBP election in 
1985.  His children were covered by the RCSBP program and if he 
had died during the period of their coverage, they would have 
received a survivor benefit under the program.  

The complete DPTT evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 14 Apr 13, for review and comment within 30 days 
(Exhibit C).  As of this date, this office has received no 
response.

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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 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 office of primary responsibility 
and adopt its rationale as the basis for our conclusion that 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. 

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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 AFBCMR Docket 
Number BC-2013-01127 in Executive Session on 23 Dec 13, under 
the provisions of AFI 36-2603:

	 	Panel Chair
      		Member
		Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 25 Feb 13, w/atchs. 
	Exhibit B.  Letter, ARPC/DPTT, dated 10 Apr 13, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 14 Apr 13. 




							
							Panel Chair