RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03806 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. Her records be corrected to reflect she opted out of the Reserve Component Survivor Benefit Plan (RCSBP). 2. She be reimbursed for all charges she incurred as payments for the RCSBP. APPLICANT CONTENDS THAT: She received RCSBP automatic coverage and should be reimbursed for any charges she incurred for this election effective 23 Feb 06. In support of her appeal, she submits her letter to DFAS requesting her Form 1883, Survivor Benefit Plan Election Change Certificate, to which DFAS has not responded; a Form 2526, Data for Payment of Retired Personnel, signed 4 Feb 14 electing out of the RCSBP; a copy of her Retirement Orders; and SBP-Marital Status Affidavit. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 26 Feb 06, as a result of not making an election within the required time period prescribed by 10 USC, Subsection 1448 (a)(2) (B), the applicant was automatically enrolled for RCSBP Option C “Immediate Annuity.” According to a pull from the Automated Records Management System (ARMS), on 6 Aug 07 a “Notification of Eligibility for Retired Pay at Age 60” memorandum notified the applicant that she was eligible to participate in the RCSBP. On 4 Feb 14, the applicant signed DD Form 2656, Data for Payment of Retired Personnel, declining participation in Survivor Benefit Plan (SBP). On 24 May 14, the applicant was retired from the Air Force Reserve, and was credited with 27 years, 5 months, and 28 days of active service. In accordance with Title 10 USC, subsection 1448 (a) (2) (B), Reserve-component annuity participants; a person who would be eligible for reserve-component retired pay but for the fact that they are under 60 years of age shall be a participant in the plan if married or has a dependent child when he/she becomes entitled to retired pay, unless the person elects (with spouse concurrence if married) not to participate in the plan before the end of the 90-day period beginning on the date on which he receives that notification. In accordance with Title 10 USC, subsection 1448 (a) (4) (B), Irrevocability of elections, Reserve-component annuity participants; an election under paragraph (2) (B) is irrevocable if not revoked before the end of the 90-day period referred to in that paragraph. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: DFAS states that by law they cannot remove her RCSBP coverage. In accordance with 10 USC, Subsection 1448 (a)(2)(B) a member who is married or has a dependent child, and who receives notice of eligibility for retired pay, after 1 Jan 01, is automatically a participant in RCSBP unless the member elects (with spousal concurrence, if required) not to participate before the end of the 90-day period. The applicant was married to her husband on 14 Aug 95. Since AFPC did not receive an election, which would have given her the option to decline RCSBP coverage (Option A), she was provided automatic RCSBP coverage. Therefore, the applicant has RCSBP coverage and cannot make another election and/or declination upon retirement. The applicant stated that on 23 Jun 14 a representative with DFAS advised her that she signed a DD Form 1883 when she out-processed from the Air Force in Nov 06. After contacting AFPC it was confirmed that the applicant never completed and submitted a form regarding the RCSBP. Department of Defense (DD) Form 2656-5, “RCSBP Election Certificate" is required for an RCSBP election, and is also required if the applicant defers the election under Option A. DD Form 2656-5 supersedes DD Form 1883 as of October 2002. If the Board should approve the applicant’s request for a record change to show that she did make an election, electing Option A with spousal concurrence not to participate before the end of the 90-day period following receipt of notice of eligibility for retired pay, DFAS will take appropriate action to comply with the record correction and premiums deducted will be refunded to the applicant. The complete copy of the DFAS evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 18 Dec 14 for review and comment within 30 days (Exhibit D). The applicant states that the issue is not whether or not she effectively opted out of RCSBP in 2006, but the fact that she was never given the opportunity to make an SBP election and it should not be presumed that she opted in. It is her pay that is being withheld by the government, and it should be their responsibility to prove that proper procedures were followed-specifically that she was given the opportunity to make an SBP election when she out-processed in 2006. The only statement of her intent with regard to RCSBP is via the DD Form 2656 that was provided in 2014 as part of the process to start her retirement pay. This is the only time that she was given the opportunity to make an SBP election, and at that time she, along with her husband’s concurrence, elected not to participate. This is not a request based on an error or mistake or omission that she made. It is based on an error that AFPC made. AFPC's failure to properly brief and/ or out-process her in 2006 should not now be the basis for requiring her to pay premiums for SBP coverage that she neither needs nor wants. The complete copy of the applicant’s submission is at Exhibit E. 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. We took notice of the applicant’s complete submission in judging the merits of the case, to include her response to the Air Force Evaluation; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. The applicant did not respond to her RCSBP election within the 90-day period and as such, she was automatically enrolled into RCSBP as prescribed by Title 10 USC, subsection 1448(a)(2)(B). Therefore, 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-2014-03806 in Executive Session on 23 Jul 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 12 Sep 14, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, DFAS, dated 04 Nov 14. Exhibit D.  Letter, SAF/MRBR, dated 18 Dec 14. Exhibit E. Applicant’s Rebuttal, dated 9 Jan 15.