RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01698

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Reserve Component Survivor Benefit Plan (RCSBP) election be corrected to show he elected Option C, Immediate annuity beginning on the day after death.  

APPLICANT CONTENDS THAT:

He requests his RCSBP election be changed so that his wife can receive benefits in the event of his death before age 60.  At the time he received his 20 year retirement letter, he was not made aware that the military would automatically choose an option for him which would result in his wife of over 39 years to not receive benefits in case of his death before age 60.  

He was not aware there was a timeline for the RCSBP forms.  He recently checked into his benefits and realized it was not the option he wanted.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant was placed on the Retired Reserve List in the grade of chief master sergeant (CMSgt, E-9), effective 2 April 2015.

According to Reserve Order EK-0204, dated 9 October 2014, the applicant is eligible for retired pay except for attainment of eligibility age (date of birth: 22 February 1960).    

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.  The applicant was eligible to make his RCSBP election on 11 September 1998.  Due to a non-response, the applicant received an automatic election of Option A, Defer making election until age 60, effective 17 June 1999.    

Members of the Air Force Reserve and Air National Guard are sent a certified letter of their eligibility for the RCSBP with an explanation of the program and guidance on making elections.  If there is no response, an automatic election is made on the member’s behalf.  On 19 March 1999, the applicant signed the Post Service (PS) 3811, Domestic Return Receipt, acknowledging receipt of the notification and guidance.  Additionally, at the time of the automatic election there were no dependents listed in either the Military Personnel Data System (MILPDS) or the Defense Eligibility Enrollment Reporting System (DEERS), and there was also no supporting documents.  

Although DPTT empathizes with the applicant, an election is irrevocable if not revoked before the end of the 90-day period as prescribed by 10 U.S.C. § 1448(a)(4)(B).  The applicant received guidance and instructions on the program at the initial time of eligibility and did not respond within the prescribed timeframe.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He was awarded his 20 year retirement letter in 1997 while serving in the South Dakota Army National Guard (SDANG) and elected Option C at that time.  

In 1998, he transferred to the Air National Guard to continue his military duty and received a certified letter of his eligibility for RCSBP.  At the time he received and acknowledged the certified information on the RCSBP, he was under the impression he would not need to reselect an option and that the RCSBP he elected would remain as he had originally requested.  It was also later determined that at the time of his automatic election, there were no dependents listed in the DEERS.  At the time of the letter in 1998, he was married and had five children and he was not made aware that the information had not transferred from the ARNG to the ANG.  He was not aware his wife and children were not listed as dependents.

He asks the Board to take into consideration he served in the military for 39 years and at the time he signed the letter, he was not aware DEERS had no record of his wife and children.  He requests the Board grant his request for RCSBP, Option C, Immediate annuity beginning on the day after death.  

The applicant’s complete submission is at Exhibit E.  

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed.  While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely.  However, it is in the interest of justice to excuse the failure to timely file.  

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.   We note the applicant in his rebuttal response states he elected RCSBP, Option C, Immediate annuity beginning on the day after death, in 1997 while serving the Army National Guard; however, no evidence has been provided to substantiate this to be the case.  Based on the evidence, it appears on 19 March 1999, the applicant signed the Post Service (PS) 3811, Domestic Return Receipt, acknowledging receipt of the notification and guidance on RCSBP and failed to make an election.  As a result, an automatic election was made for him.  In view of the above, 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 RECOMMENDS 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-2016-01698 in Executive Session on 29 August 2017 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01698 was considered:

	Exhibit A.  DD Form 149, dated 11 April 2016. 
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 8 July 2016, 
			  w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 13 December 2016.
	Exhibit E.  Letter, Applicant, dated 10 January 2017.  

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.