RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02274

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His records be corrected to show he declined coverage under the Reserve Component Survivor Benefit Plan (RCSBP).

APPLICANT CONTENDS THAT:

He mistakenly elected to participate in SBP on his 21 October 2014, DD Form 2656, Data for Payment of Retired Personnel.  He notified the Defense Finance and Accounting Service – Cleveland (DFAS-CL) and was told his package had not been processed and he should resubmit a notarized form with his wife’s concurrence declining participation in SBP.  However, the SBP premium was deducted from his retired pay.  When he called and inquired about the deduction of the SBP premium he was told the corrected DD Form 2656 was received after his retirement date and he would have to appeal to the AFBCMR.

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

STATEMENT OF FACTS:

On 28 February 2015, the applicant was retired and was credited with 20 years, 6 months, and 9 days of satisfactory service.   

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:

ARPC/DPTT recommends denial indicating there is no evidence of an error or an injustice.

On 21 August 2014, the applicant was notified to make his initial RCSBP election; however, due to his non-response and having eligible beneficiaries, Option C, “Immediate Annuity” for “Spouse Only” was automatically elected, effective 29 October 2014.  On 24 March 2015, when he applied for retired pay, he elected to decline the SBP.  However, since the automatic RCSBP election of Option C was already on file, he was unable to decline coverage.

Per Title 10, USC Subsection 1448(a)(4)(B), “Reserve-component annuity.— 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 applicant can decline participation in the program within one year after completing 24 months of SBP payments.  He will need to coordinate with Defense Finance and Accounting Service (DFAS) at that time if he chooses not to participate.

ARPC/DPTT recommends denial of the requested relief.  

A complete copy of the ARPC/DPTT evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 23 August 2016, for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

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; 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.  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-2015-02274 in Executive Session on 4 November 2016, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02274 was considered:

	Exhibit A.  DD Form 149, dated 15 Jun 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 10 Jun 16, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 23 Aug 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.