RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00472 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

Her Reserve Component Survivor Benefit Plan (RCSBP) election be 
cancelled. 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

When she was disability retired, even though she received the 
forms she needed to fill out (Department of Defense Form 
(DD Form) 2656, Reserve Component Survivor Benefit Plan), she 
was never advised or briefed on how to fill out the documents; 
or counseled on the benefits of SBP. During her out-processing, 
she was never given information concerning the form or had a 
clear understanding of her medical benefits and has been seeking 
information about her benefits since retirement. 

 

In support of her appeal, the applicant provides a personal 
statement; a copy of a letter from the Air Force Reserve Command 
(AFRC), dated 24 Nov 10, and other supporting documents. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant was relieved from active duty, on 24 Nov 10, with 
a compensable disability rating of 30 percent. She was credited 
with 9 years, 3 months, and 26 days of service for retirement 
and 22 years, 10 months, and 24 days of service for basic pay. 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

AFRC/A1K recommends approval, stating, in part, given that the 
Air Force authoritative source for SBP program (AFPC) is not on 
record in regards to this matter; either for or against the 
applicant’s assertion; therefore, they support the applicant’s 
request. 


 

The complete AFRC/A1K evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 16 Sep 11 for review and comment within 
30 days (Exhibit D). 

 

On 3 Nov 11, a letter requesting additional information (spousal 
concurrence) from the applicant was forwarded (Exhibit E). The 
applicant provided a notarized letter, signed by her current 
spouse, concurring with her decision (Exhibit F). 

 

________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by 
existing law or regulations. 

 

2. The application was timely filed. 

 

3. Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice warranting 
corrective action. Based on the available evidence of record, 
it appears the applicant was automatically enrolled in SBP after 
not returning the DD Form 2656 and formally electing not to 
participate in the SBP. The applicant attributes this to her 
not being briefed or informed as to required actions on her 
part. We note that AFRC/A1K recommends approval on the basis 
the “Air Force authoritative source for the SBP program (HQ 
AFPC) is not on record in regards to this matter, either for or 
against the member’s assertion.” It appears there is some 
disagreement between AFPC and AFRC over who bore the 
responsibility for properly advising the applicant on the SBP. 
As such, we believe reasonable doubt has been established that 
although the applicant was sent the form to make an SBP 
election, she was not properly advised or informed of the 
requirement to return the form with her stated election. 
Additionally, the applicant has provided a notarized statement 
from her spouse indicating his concurrence with the applicant’s 
request not to participate in SBP. Therefore, we elect to 
resolve any doubt we have regarding this matter n favor of the 
applicant and recommend her record be corrected as indicated 
below. 

 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 


The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that, on 
22 November 2010 she elected to decline coverage under the 
Survivor Benefit Plan and her spouse concurred in the election. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-00472 in Executive Session on 1 December 2011, 
under the provisions of AFI 36-2603: 

 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 7 Feb 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFRC/A1K, dated 29 Aug 11. 

 Exhibit D. Letter, SAF/MRBR, dated 16 Sep 11. 

 Exhibit E. Letter, AFBCMR, dated 3 Nov 11. 

 Exhibit F. Letter, Applicant, dated 7 Nov 11, w/atch. 

 

 

 

 

 Panel Chair