RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-02469
			COUNSEL: NONE
			HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  The Reserve Component Survivor Benefit Plan (RCSBP) annuity 
election currently reflected on her Retiree Account Statement be 
changed from “Spouse only” to “Declination.”

2.  SBP premiums previously withheld from her retired pay 
account be refunded to her.

________________________________________________________________

APPLICANT CONTENDS THAT:

DFAS informed her that anyone retiring after calendar year 2001, 
with 20 years of service is mandated to obtain SBP coverage 
unless he or she declines coverage.  The Air Reserve Personnel 
Center (ARPC) neglected to send her the proper retirement 
package, which included the form required to decline SBP.  

In support of her request the applicant provides copies of her 
DD Form 2656, Data for Payment of Retired Personnel; ARPC Form 
83, Application for Retired Pay; DFAS CL 7220/148, Retiree 
Account Statement; Reserve Order EL-2550 and ARPC/DPTTR 
memorandum dated 11 Apr 2013. 

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

________________________________________________________________

STATEMENT OF FACTS:

On 7 Jul 2012, via DD Form 2656, the applicant elected not to 
participate in the SBP and her spouse concurred.

On 2 Apr 2013, the applicant was issued Reserve Order EL-2550, 
in which she was placed on the Air Force Retired List in the 
rank of Senior Master Sergeant (SMSgt, E-8) effective 7 Mar 
2013.  She served 21 years, 4 months, and 10 days of total 
active service.

________________________________________________________________


AIR FORCE EVALUATION:

ARPC/DPTT recommends approval.  DPTT states that the applicant 
does not have a confirmed mail-card receipt for a delivered 
RCSBP information letter in her records.  Moreover, ARPC does 
not have verification that she accessed her Notification of 
Eligibility for Retired Pay RCSBP application.

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

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

She wonders why a decision has not been rendered on her case, 
especially considering the OPR is recommending approval.  The 
reason she did not want to enroll in the RCSBP was because her 
former spouse had already asked for a divorce.  It is 
reprehensible that she has to continue to deal with this issue.

In further support of her request, the applicant provides a copy 
of her Superior Court of California Notice of Entry of Judgment, 
and various other documents related to her appeal.

Her complete response, with attachments, 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 an error or injustice.  After 
carefully reviewing this application, we agree with the opinion 
and recommendation of the Air Force office of primary 
responsibility and adopt the rationale expressed as the basis 
for our decision the applicant has been a victim of error or 
injustice. Therefore, we recommend the applicant’s records be 
corrected as set forth below.

________________________________________________________________


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that:

	a.  On 7 Jul 2012, she declined coverage under the SBP, and 
her spouse concurred in her decision.

	b.  She be authorized full reimbursement of all SBP 
premiums withheld from her retired pay account since 7 Mar 2013.

________________________________________________________________

The following members of the Board considered this application 
in Executive Session on 19 Mar 2013, under the provisions of AFI 
36-2603:

	, Vice Chair
	, Member
	, Member

All members voted to correct the record as recommended.  The 
following documentary evidence was considered in AFBCMR BC-2013-
02469:

    Exhibit A.  DD Form 149, dated 17 May 2013, w/atchs.
    Exhibit B.  Letter, ARPC/DPTT, dated 25 Jun 2013, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 5 Jul 2013.
    Exhibit D.  Letter, Applicant, dated 17 Jan 2014.
    Exhibit E.  Letter, SAF/MRBC, dated 11 Feb 2014.




			Vice Chair