RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04630

					     COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be removed from the Reserve Component Survivor Benefit Plan (RCSBP) and payments not be taken from his retirement pay.

APPLICANT CONTENDS THAT:

He was not aware his non-response would result in his automatic placement into the RCSBP.

He does not need the RCSBP as his spouse is independently well off.

He completed his DD Form 2656, Data for Payment of Retired Personnel, on applying for retired pay indicating he does not elect to participate in the SBP.  His spouse concurred with this decision by executing her notarized signature on the form.  

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

STATEMENT OF FACTS:

Reserve Order EK-0925, HQ Air Reserve Personnel Center, dated 16 Nov 10, assigned the applicant to Retired Reserve Section effective 31 Dec 10.

On 29 Jun 15, the applicant completed a DD Form 2656, Data for Payment of Retired Personnel, electing not to participate in the SBP with his spouse concurring with this decision.

Reserve Order EL-3995, HQ Air Reserve Personnel Center, dated 1 Jul 15, assigned the applicant to the USAF Retired List, Retired Reserve Section ZB, effective 1 Jul 15, with entitlement to retired pay.

On 1 Jul 15, the applicant became 60 years of age.   

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 Dec 05, the member was notified regarding his eligibility to participate in RCSBP but he did not respond.  As a result, per Title 10, on 6 Apr 06 his RCSBP election was automatically made Option C, “Immediate Annuity”, because he had eligible beneficiaries.  When the member applied for retired pay on 28 Jun 15, he elected to decline the Survivor Benefit Plan; however, due to the automatic election from 6 Apr 06, he was unable to decline coverage.  

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 12 Apr 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.  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 ARPC/DPTT and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  In this case, the requirement of Title 10 to elect Option C, “Immediate Annuity”, for the applicant was applied according to law when he did not respond to the request for him to make an SBP election. Therefore, in the absence of evidence to the contrary, a majority of the Board finds no basis to recommend granting the requested relief.

RECOMMENDTION OF THE BOARD:

A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied.

The following members of the Board considered AFBCMR Docket Number BC-2015-04630 in Executive Session on 7 March 2017 under the provisions of AFI 36-2603:

, Panel Chair
	, Member
	, Member

By a majority vote, the Board voted to deny the request.  Mr. Allen voted to correct the record and submitted a minority report. The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04630 was considered:

	Exhibit A.  DD Form 149, dated 26 Oct 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 23 Feb 16.
	Exhibit D.  Letter, SAF/MRBR, dated 12 Apr 16.
     Exhibit E.  Minority Report, dated 23 Mar 17

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.