RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04672

XXXXXXXXXXXXX	COUNSEL: NONE	

	HEARING: NO

APPLICANT REQUESTS THAT:

His Reserve Component Survivor Benefit Plan (RCSBP) election be revoked. 

APPLICANT CONTENDS THAT:

At the time of his retirement, he was a command sponsored dependent at Yokota AB, Japan.  He reached age 60 on 27 Aug 16 and was unaware of his RCSBP enrollment until Defense Finance and Accounting Service (DFAS) contacted him on 10 Nov 16.  He never received the RCSBP participation package via certified mail and was automatically enrolled because he did not return any documents.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force Reserve master sergeant. 

Per Reserve Order EK-3638, dated 21 Mar 01, the applicant was assigned to the retired reserve section and placed on the USAF reserve retired list, effective 16 Jul 01.

Memorandum for Record, ARPC/DPPRA, dated 18 Apr 01, states the applicant was eligible to participate in RCSBP and that he should have received detailed information by certified mail within 30 days.  

The applicant’s DD Form 2656, Date for Payment of Retired Personnel, signed and notarized on 24 Jun 16, reflects in Section IX, Block 26g, that the applicant chose not to participate in SBP. 

Per Reserve Order No. EL-4828, dated 12 Aug 16, the applicant was authorized retired pay per Title 10, USC, Section 12731 and placed on the USAF retired list, effective 27 Aug 16.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

ARPC/DPTT recommends granting the application.   After a review of the applicant’s submission and his military human resources record, it has been determined that there exists no verification that the applicant was ever contacted regarding his RCSBP eligibility.  
If the decision is to grant the relief sought, the record should be corrected to reflect the member elected Option A, “Defer Making an Election Until Age 60,” effective the initial eligibility date, 9 Apr 01. The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 19 Sep 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/DPTT and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends 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 on 9 April 2001, he elected Reserve Component Survivor Benefit Option A:  “Defer Making an Election Until Age 60.”

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-04672 in Executive Session on 24 Oct 18:

Reardon, Chair 
Panel Member
Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 17 Nov 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, dated 8 Feb 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 19 Sep 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 for Docket Number BC-2016-04672.