RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01381 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

1. Her record be corrected to exclude the Survivor Benefit Plan (SBP), which her and her husband did not request.

2. She be refunded all SBP premium payments taken from her retirement pay.

APPLICANT CONTENDS THAT:

She is still being charged for the benefit even though she correctly completed and sent in the DD Form 2656, Data for Payment of Retired Personnel, with a notarized signature declining the benefit.

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

STATEMENT OF FACTS:

On 17 Feb 16, the applicant was placed on the Air Force Retired list with retired pay and credited with 28 years of service.

On 18 Dec 15, the applicant elected not to participate in the Survivor Benefit Plan (SBP) as indicated on DD Form 2656, Data For Payment of Retired Personnel, and her spouse concurred.

According to the documentation provided by the applicant, “SBP costs” were deducted as indicated on Form RAS1F, Retiree Account Statement beginning with the pay period of 1 Mar 16.

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 granting the applicant’s request, indicating there is evidence of an error or injustice.  Upon reaching 20 years of satisfactory service in the Air Force Reserve and Air National Guard, members are notified of eligibility to make a Reserve Component Survivor Benefit Plan (RCSBP) election, the instructions, and timeline to complete their desired election.  The applicant became eligible for the RCSBP on 21 Sep 01.  The ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, notifying the applicant of her eligibility to make an election was undelivered and is in a status of “Option Pending (SBP Forms mailed), spouse only.  Since the status of the applicant’s election and notification are still pending, the applicant should be able to make election to decline SBP coverage and have monies refunded back to the original date of retired pay eligibility.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13 Jan 17 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 or injustice.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error.  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 Force relating to the APPLICANT be corrected to show that:

a.  On 18 December 2015, she declined Survivor Benefit Plan (SBP) coverage and her spouse concurred with her decision.

b.  All premiums paid be refunded from her date of retired pay eligibility, 17 Feb 16.

The following members of the Board considered AFBCMR Docket Number BC-2016-01381 in Executive Session on 27 Apr 17 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 21 Mar 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 16 Jun 16, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 13 Jan 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.