RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01838 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her Reserve Component Survivor Benefit Plan (RCSBP) election be corrected to reflect Option A, I decline to make an election until age 60. ________________________________________________________________ APPLICANT CONTENDS THAT: She was not notified, in accordance with DoDI 1332.42, Survivor Annuity Program Administration, of her option to elect out of participating in the RCSBP. She was also not aware that she had been automatically enrolled in Option C, Immediate Annuity in February 2005. She has verified there is no record of a certified notification being sent to her or her husband and has been advised to petition the Board for correction. In support of her request, the applicant provides an excerpt of DoDI 1332.42 and DD Form 2656-5, Reserve Component Survivor Benefit Plan Election Certificate. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a member of the Air National Guard serving in the grade of colonel/O-6. The other relevant facts pertaining to this application, extracted from the applicant’s master personnel records, are described in the letter prepared by the Air Force office of responsibility which is at Exhibit B. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends approval. On 30 July 2004, the applicant became eligible for retired pay at age 60. When a member becomes eligible for retirement pay at age 60, a copy of the Notification of Eligibility for Retired Pay at Age 60 and an RCSBP information package is mailed to the member by certified mail. In accordance with Title 10 United States Code Subsection 1448 (a)(2)(B), members are given 90 days to make their RCSBP election. If the member does not respond within 90 days, an automatic election is updated for the member based on the eligible dependents the member has updated in the Military Personnel Data System. There is no certified mail card receipt in the applicant’s file indicating she was delivered an RCSBP information package. However, an automatic election was made for her on 9 February 2005. Based on the information provided, there is no record the applicant was notified via certified mail regarding her RCSBP options; therefore, she should be given the opportunity to make an RCSBP election. The complete ARPC/DPTT evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant has not changed her position and concurs with the Air Force advisory. The applicant’s complete response is at 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. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we find she was not provided the information necessary in order to make an informed decision regarding her RCSBP options. As such, we recommend her records be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMNEDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 9 February 2005, she declined to make an election until age 60, under the Reserve Component Survivor Benefit Plan. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-01838 in Executive Session on 5 February 2014, 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 10 Apr 13, w/atchs. Exhibit B. Letter, ARPC/DPTT, dated 8 May 13. Exhibit C. Letter, SAF/MRBR, dated 19 May 13. Exhibit D. Letter, Applicant’s Response, dated 9 Jun 13. 1 2