RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05041

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be allowed to change his Reserve Component Survivor Benefit Plan (RCSBP) coverage from Option A (Defer making an election until age 60) to Option C (Immediate Annuity for spouse and child).

APPLICANT CONTENDS THAT:

His was given incorrect information regarding enrolling in SBP from his personnel office.  He was told if he elected to not enroll in SBP his wife would still be able to collect his retirement after his death.

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

STATEMENT OF FACTS:

According to copies of documents extracted from the Automated Records Management System (ARMS), the applicant was a member of the Maine Air National Guard and retired effective 1 July 2015 in the grade of Chief Master Sergeant.  

Service members who are eligible to participate in RCSBP have three options in electing coverage for their dependents:

	a.  Option A (Decline to make an election until age 60) – the service member declines to make an election at the time of eligibility; however, the service member is provided an opportunity to participate in SBP at age 60.

b.  Option B (Deferred Annuity) the service member elects RCSBP coverage to begin at age 60.

c.  Option C (Immediate Annuity) the service member elects for coverage to begin immediately.

Under the provisions for RCSBP, service members have 90 days from the date of notification of eligibility to make their election.

Under the provisions of Title 10, United States Code (USC) an election for SBP must be written, signed by the person making the election, and received by the Secretary concerned within one year after the date of the marriage or acquires a dependent child.

By letter dated 28 February 2003, the applicant was notified that he was eligible to participate in RCSBP. 

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.

Air Force Reserve (AFR) and ANG service members are sent a certified letter of their eligibility for RCSBP along with an explanation of the program and guidance on making an election.  If no response is received from the service member then an automatic election is made on their behalf.

The applicant was eligible to make an election for RCSBP, however, due to no response and no eligible beneficiaries an automatic election for Option A, Defer Making an Election until Age 60 was made on his behalf on 9 June 2003.  The PS 3811, Domestic Return Receipt, acknowledging receipt of the notification and guidance was signed by the applicant on 10 March 2003.

On 22 October 2005, the applicant married and failed to update his RCSBP election to include his spouse within the one year timeframe prescribed by law.

ARPC/DPTT recommends denial.  The applicant failed to submit a valid election within the one year timeframe required by law.

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 5 October 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 or 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-2015-05041 in Executive Session on 7 March 2017, under the provisions of AFI 36-2603:

		, Panel Chair
		, Member
		, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05041 was considered:

	Exhibit A.  DD Forms 149, dated24 Nov 15 and 5 May 16.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 9 Jun 16, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 5 Oct 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.