RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 	DOCKET NUMBER: BC-2013-05866
                	COUNSEL:  NONE
			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His records be corrected to reflect that he declined Reserve Component Survivor Benefit Plan (RCSBP) coverage.


APPLICANT CONTENDS THAT:

He does not remember receiving a RCSBP election letter and he was not properly informed of his rights regarding RCSBP election options.

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


STATEMENT OF FACTS:

On 2 Dec 08, the applicant was notified of his eligibility for retired pay at age 60 and his eligibility to participate in the RCSBP.  


AIR FORCE EVALUATION:

AFPC/DPFFF recommends denial. The applicant failed to decline RCSBP coverage within the 90 days prescribed by Title 10 USC § 
1448.  According to Title 10 USC § 1448(a) the member may “…elect to discontinue participation in the Plan at any time 
during the one-year period beginning on the second anniversary of the date on which payment of retired pay to the participant 
commences.”  At this time, the member can choose to decline SBP coverage, however; the member will still be responsible for the 
RCSBP portion of the coverage.

The applicant contends that he was unaware of his option to decline the coverage because he never received the RCSPB 
package, however; the package was delivered and signed for at the applicant’s residence.  Because the applicant did not make 
an election within the required one-year time period, on 9 Apr 10, he was automatically enrolled under Option C, “Immediate 
Annuity for spouse and child.”  The applicant was married with a 
dependent child at the time the election was made.

A complete copy of the DPTT evaluation, with attachments, is at 
Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant asserts that the signature of receipt of the RCSBP 
package was not his signature but that of his then estranged 
wife.  He did not sign for the document nor did he ever see the 
document.  Although he and his wife were not legally separated, 
they were in fact estranged and did not regularly and 
effectively communicate during this time.  Furthermore, he never 
assigned his wife power-of-attorney to sign on his behalf.  He 
does not believe he should be held accountable for a decision 
that he did not make nor was he made aware in a timely fashion.  
He believes that something of this importance and significance 
should only be signed by the military member.  Therefore, he 
request that the RCSBP coverage be declined and all monetary 
charges imposed be disposed of and/or reversed so that no past, 
current, or future charges be made against his retirement 
pension or pay (Exhibit D).  


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 an error or injustice.  While the 
applicant contends he did not receive the RCSBP election letter, we do not find his uncorroborated assertions sufficiently 
persuasive to grant the requested relief.  Therefore 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 the applicant has not been the victim of an error 
of injustice.    In the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.


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-2013-05866 in Executive Session on 22 Nov 14 under the provisions of AFI 36-2603:

	                 , Panel Chair
	                 , Member
	                 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 18 Dec 13.
	Exhibit B.  Applicant's Available Master Personnel Records.
	Exhibit C.  Letter, ARPC/DPTT, dated 12 Feb 14, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 2 Sep 14.
	Exhibit E.  Letter, Applicant, dated 25 Sep 14.