RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02784 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her records be corrected to reflect that she declined Survivor Benefit Plan (SBP) coverage and she be refunded the associated SBP premiums that were erroneously deducted from her retired pay. APPLICANT CONTENDS THAT: She completed the form to decline SBP and the Reserve Component SBP coverage and submitted it prior to retiring. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: In a letter dated 29 Sep 05, HQ ARPC/DPPR notified the applicant that she had completed the required years of service under the provisions of Title 10, United States Code (U.S.C.}, Section 12731 and would be entitled to retired pay upon application at age 60 (1 Oct 15). She was also advised that she was eligible to participate in the Reserve Component Survivor Benefit Plan (RCSBP) and would receive detailed information on RCSBP by certified mail within 60 days. According to Reserve Order EK-3385, dated 27 Mar 12, the applicant was relieved from her current assignment and assigned to the Retired Reserve Section and placed on the USAF Reserve Retired List effective 1 Dec 12. The order indicates the reason for this action was the applicant was eligible for retired pay except for attainment of eligibility age. The order also reflects that her date of birth is 1 Oct 55. According to DD Form 2656, Data for Payment of Retired Personnel, dated 7 Apr 14, the applicant elected not to participate in the SBP and her spouse concurred with her election. According to Reserve Order EL-3219, dated 6 May 14, the applicant was eligible to retire with pay prior to age 60 per the FY 2008 NDAA. On 1 Jul 13, the applicant retired from the Air Force Reserve (USAFR). AIR FORCE EVALUATION: DFAS-CL does not make a recommendation indicating they are unable to change the applicant’s SBP coverage from automatic spouse coverage to declination. However, if the Board approves her request to show that she completed her DD Form 2656 prior to her retirement date, they will change her SBP coverage from spouse to declination and refund the premiums deducted. The applicant’s military retired pay account was established with automatic SBP coverage and a separate premium for the RCSBP. The Air Force Reserve Personnel Center verified the applicant elected Option A (decline to make an election until age 60), effective 30 Jun 06. Therefore, the applicant’s account will be adjusted to remove the RCSBP portion of her premium and a refund of costs deducted will be paid. The complete DFAS evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant refutes the recommendation made by the OPR and argues that per Reserve Order EK-3385, dated 27 Mar 12, her mandatory separation date from the Air Force Reserve Component was effective 1 Dec 12, when she was assigned to the Retired Reserve Section. Her status was “eligible for retired pay except for attainment of eligibility age,” which would have established her retirement date effective when she reached the age of 60 (1 Oct 15). On 7 Apr 14, 18 months prior to her projected eligible for retirement pay date (1 Oct 15), she submitted a DD Form 2656, electing not to participate in the SBP. On 6 May 14, she received Reserve Order EL-3219, amending her retirement date to be effective, 1 Jul 13. This amendment was based on an official records review of her active duty time in support of contingency operations, active management support, and Regular Air Force augmentation. In further support of her request, the applicant provides copies of Reserve Order EK-3385, DD Form 2656 and Reserve Order EL- 3219. The applicant’s complete response, with attachments, 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 timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After careful review of the applicant’s request and the evidence of record, we believe that relief is warranted. In this respect, we note that Reserve Order EK-3385, dated 27 Mar 12, placed the applicant on the USAF Reserve Retired List effective 1 Dec 12, awaiting retired pay at age 60. According to DD Form 2656, dated 7 Apr 14, the applicant elected not to participate in the SBP and her spouse concurred with her election prior to age 60. However, based on the FY 2008 NDAA, Reserve Order EL-3219, dated 6 May 14, her orders were essentially amended to show that she was eligible to retire with pay prior to age 60. In view of the circumstances noted above, we find it more likely than not that the applicant did not intend to participate in the SBP program and believe she took the necessary actions to decline the SBP before age 60. Therefore we believe the records should be corrected to show that she declined to participate in the SBP program prior to her retirement on 1 Jul 13 and be refunded the associated premiums. Accordingly, we recommend the 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 30 Jun 13, she elected to decline coverage under the Survivor Benefit Plan. The following members of the Board considered AFBCMR Docket Number BC-2014-02784 in Executive Session on 18 Aug 15 under the provisions of AFI 36-2603. , Panel Chair , Member , Member In the absence of , will serve as Acting Panel Chair. All members voted to correct the record as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02784 was considered: Exhibit A. DD Form 149, dated 13 Jul 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, DFAS-CL, dated 23 Apr 15. Exhibit D. Letter, SAF/MRBR, dated 12 May 15.