RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04238
		
	                         COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her deductions for the Reserve Component Survivor Benefit Plan (RCSBP) be terminated as she declined enrollment.

Her husband’s birth year listed under Survivor Benefit Plan (SBP) Coverage on her Retiree Account Statement be corrected to 1953 vice 1958.

APPLICANT CONTENDS THAT:

She was never given the opportunity to accept or decline the RCSBP before or after her retirement.

It was three years from the time she retired to being able to apply for retired pay.  She expected to accept or decline the RCSBP at that time.

When she applied for retirement pay in early 2015 she was informed she was automatically enrolled in the RCSBP because she did make an election.  She completed the paperwork at that time declining the RCSBP and was informed deductions would not be taken from her retired pay.  This was the only time she was afforded the opportunity to accept or decline the RCSBP. However, when she received her first retirement pay, the RCSBP deduction was taken out.

DD Form 2656, Data for Payment of Retired Personnel, Section VIII,
Dependency Information, Item 22c lists her spouse’s birth year as 1958 while Item 28d lists the spouse’s birth year as 1953. As a result her Retiree Account Statement lists her spouse’s birth year as 1958 which is incorrect.

Her spouse’s correct birth year is 1953 as evidence by a copy of his Ohio driver license #RT029548 listing Birth Date as 10-10-1953. 

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

STATEMENT OF FACTS:

On 29 Feb 12, the applicant was assigned to the USAF Reserve Retired List. 

On 13 Dec 95, the applicant completed a DD Form 398-2, National Agency Questionnaire, wherein Section 12 she lists her spouse’s birth year as 1953.

On 10 Mar 15, the applicant completed DD Form 2656, Data for Payment of Retired Personnel, wherein she elected not to participate in the RCSBP.  Item 22C, a typed entry, lists her spouse’s birthday as 10 Oct 58 while Item 28 entered by the spouse lists 10 Oct 53 as the date of birth.  Item 28 was struck through because it did not apply.

On 20 Mar 15, at the age of 57, the applicant completed DD Form 2656-5, Reserve Component Survivor Benefit Plan Election Certificate, wherein she elected Option A:  “Defer Making an Election Until Age 60.” Item 9C lists the spouse’s birth date as 10 Oct 53.

On 13 Dec 16, the Defense Finance and Accounting Service – Cleveland, (DFAS-CL) confirmed the applicant’s spouse is listed as annuitant for the applicant’s RCSBP and is listed as having a date of birth of 10 Oct 58. The DFAS-CL advises members to use the appropriate Service Board of Correction to correct this.

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.

AIR FORCE EVALUATION:

ARPC/DPTT recommends granting the applicant’s request, indicating there is evidence of an error. The applicant was automatically entered into the RCSBP Option C: “Immediate Annuity” “Spouse Only” on 15 Mar 15 because she had beneficiaries and there was no response to the request for an RCSBP election. As a result, the applicant was unsuccessful in declining coverage when she applied for retired pay. However, according to a review of the applicant’s military record there is no evidence the applicant was ever contacted about making a RCSBP election.  

If the Board’s decision is to grant relief, ARPC/DPIT recommends making the applicant’s RCSBP election reflect Option A, “Defer Making an Election Until Age 60”, effective her initial date of eligibility, 12 Dec 09.  In-turn, the applicant’s DD Form 2656 dated 10 Mar 15 declining RCSBP coverage can be honored with all monies refunded since receipt of retired pay.

A complete copy of the ARPC/DPTT 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 8 Nov 16 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error. We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error.  In this regard, there is no evidence the applicant ever received the RCSBP Election Package wherein she could have declined entry into the program.  As a result, when a response was not received, she was automatically entered, as required, into RCSBP Option C: “Immediate Annuity” “Spouse Only.”  However, the applicant’s intent was to decline participation in the RCSBP.  Additionally, sufficient relevant evidence has also been presented to demonstrate the existence of error in that the birth year of the applicant’s spouse as shown in her Retiree Account Statement, Section Survivor Benefit Plan (SBP) Coverage is incorrectly recorded as 1958. The applicant attests her spouse’s birth year is 1953 and as evidence provides his Ohio driver’s license with his date of birth as 10-10-1953. Additionally, research of the applicant’s military record found a DD Form 398-2, National Agency Questionnaire, completed by the applicant in 1995 wherein Section 12 she lists her spouse’s birth year as 1953. Therefore, we recommend the applicant's records be corrected as indicated below. 

THE BOARD RECOMMENDS THAT:

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

     a. On 12 December 2009 she elected Reserve Component Survivor Benefit Plan Option A: “Defer Making an Election Until Age 60.” 

     b. Her Defense Finance and Accounting Service (DFAS) Retiree 
Account reflect her spouse’s birth year as 1953.	

The following members of the Board considered AFBCMR Docket Number 
BC-2015-04238 in Executive Session on 7 Mar 17 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04238 was considered:

	Exhibit A.  DD Form 149, dated 1 Oct 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPTT, dated 25 Sep 16.
	Exhibit D.  Letter, SAF/MRBR, dated 25 Sep 16.

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.