RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04045 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to reflect he declined spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP). APPLICANT CONTENDS THAT: He correctly filled out the DD Form 2656, Data for Payment of Retired Personnel, electing not to participate in the Survivor Benefit Plan (SBP). His spouse signed the form concurring with his election; however, the state of California uses a separate notary sheet and although it was submitted with the DD Form 2656; it may not have been recognized. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According the applicant’s military personnel records, on 21 February 2003, he was advised that he had completed the required years of service to be eligible for retired pay. He was advised he was eligible to participate in the RCSBP. On 1 December 2012, the applicant was relieved from his current assignment in the grade of colonel (O-6) and transferred to the retired reserve to await reserve retired pay at age 60. He was determined to be eligible for retirement except for attainment of eligibility age. A DD Form 2656, Data For Payment of Retired Personnel, was initiated by the applicant with the concurrence of his spouse on 26 June 2014, electing not to participate in SBP. 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-JFBE/CL indicates that in accordance with (IAW) 10 USC § 1448a the applicant’s RCSBP coverage cannot be removed. In this case, the applicant completed his DD Form 2656 on 26 June 2014 and elected not to participate in SBP. However, on 1 February 2003 he was provided automatic coverage for RCSBP. The applicant’s retired pay account was established with RCSBP. Although, he indicated on his DD Form 2656 that he did not elect to participate in SBP; he was provided automatic coverage for RCSBP, Option C (immediate coverage), effective 1 February 2003. If an election is not made by the Reservist, or not received by the Reserve Component within 90 days from the issuance of the 20 years satisfactory service letter, the member will be automatically enrolled in RCSBP, Option C, at the full level of retired pay. If the Reservist declines or elects reduced coverage, the member’s spouse must concur with that election as per Public Law (PL) 106-398. An RC-SBP auto election would become effective at the end of the 90 day period following notification of eligibility. Also, IAW with 10 USC § 1448a, a participant in SBP or RCSBP may elect to discontinue participation during the 25th through the 36th month after commencement of payment of retired pay. A member who voluntarily discontinues RCSBP participation upon the second anniversary of the date of commencement of retired pay is still charged the RCSBP premium for all months, up to 360 months, even though the member elected to discontinue coverage. A complete copy of the DFAS-JFBE/CL evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states it was never his or his spouse’s intent to enroll in the SBP when he became eligible for retirement pay annuity under the Reserve Reduced Retirement Program at age 57.5 years. During the period of 2002 – 2003, he received a twenty year satisfactory service letter from the Air Force; however, he was not advised of SBP. Also, as time progressed to his thirty-year mandatory separation date, he was not counseled on the SBP until attending the transition assistance program. There was no indication that he should or could have made an election after receiving twenty satisfactory years. Therefore, no election was made until he filled out the DD Form 2656 in June of 2014. He and his spouse made the election to decline the SBP when applying for retirement annuity pay in June 2014 for a retired pay date, effective 7 September 2014. However, he was advised this action was deferred pending board action. Specifically, a technician indicated “the option is still pending” and “there was not an official election made.” Nevertheless, either of these could have been resolved over the last 13 years, if he had known about the structure of the law which was enacted in the year 2000. The applicant’s complete response 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 his rebuttal response; however, 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 that the applicant has not been the victim of an error or injustice. While we note the applicant’s contentions that it was never his intent to enroll into SBP and that he was not properly advised; he has provided no evidence that would lead us to believe that he was misled or that he received inaccurate information regarding the SBP. Nevertheless, the applicant will have an opportunity to discontinue participation in the RCSBP during the 25th through the 36th month after receiving retired pay provided he obtains his spouse’s written concurrence. 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-2014-04045 in Executive Session on 23 July 2015 under the provisions of AFI 36-2603: Vice Chair Member Member Due to the retirement of the Panel Chair, XXXX has agreed to sign as Acting Panel Chair. The following documentary evidence pertaining AFBCMR Docket Number BC-2014-04045 was considered: Exhibit A.  DD Form 149, dated 30 September 2014, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, DFAS-JFBE/CL, dated 20 February 2014. Exhibit D.  Letter, SAF/MRBR, dated 27 February 2015. Exhibit E.  Letter, Applicant, dated 17 March 2015.