RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-00757

	COUNSEL:  

	HEARING:  NO

APPLICANT REQUESTS THAT:

Her military records for the Reserve Component Survivor Benefit Plan (RCSBP) be changed to show that she is no longer married to her former spouse, who therefore would not have privileges for RCSBP, and there will be no deductions for her retirement pay for RCSBP.

APPLICANT CONTENDS THAT:

She has not been married for 14 years and believed with the address change she filed after her divorce the RCSBP information would also be changed in her military record.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air National Guard major.  

On 9 Sep 78, the applicant and her former spouse were married.

On 30 Apr 93, the applicant was honorably discharged from the Minnesota Air National Guard; on 1 May 93, she was transferred to the United States Air Force Reserve; on 2 May 93 she was assigned to the Retired Reserve.

On 28 Oct 93, due to a non-response from the applicant to notification of RCSBP entitlement, the Air Force entered a presumed, default election of spouse-only RCSBP coverage at the full retired rate.

On 8 Feb 02, the State of Minnesota granted the applicant’s petition to divorce her former spouse.  According to the Judgment and Decree, the applicant received 100% of the “National Guard Pension.”  There is no mention of the RCSBP.  At the time of the divorce, the couple had one minor or dependent child, born 17 Apr 90.

On 4 Jan 13, according to Reserve Order Number EL-2836, the applicant was authorized to receive retired pay.

On 13 Feb 17, the applicant signed a DD Form 2656, Data for Payment of Retired Personnel, on which she indicated she wished to decline participation in the RCSBP and she had no eligible dependents.  She also noted on the form that she had applied to have her record corrected by the Board.

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.  The applicant became eligible for RCSBP, effective 1 May 93; however, due to a “non-response” her election was updated to reflect Option N, “Non-Response,” effective 28 Oct 93.  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 21 Jan 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

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.  The Board concurs with the recommendation of ARPC/DPTT to grant the application, however with a different rationale.  The applicant should have terminated her RCSBP coverage at the time of her divorce; since she did not, and since she no longer has an eligible beneficiary, her record as it stands contains material error.  Premiums continue to be deducted from her retired pay for a benefit no one can claim.  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:

a.  On 28 October 1993, she elected immediate spouse and child coverage under the Reserve Component Survivor Benefit Plan, based on full retired pay;

b.  On 9 February 2002, pursuant to a decree of divorce, she elected to change spouse and child coverage to child only coverage;

c.  On 17 April 2008, her youngest child out-grew eligibility as a Reserve Component Survivor Benefit Plan beneficiary;

d.  She be refunded any payments for premiums that are inconsistent with her records as corrected.

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-2017-00757 in Executive Session on 29 Mar 18.

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 10 Feb 17.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, w/atch, dated 18 Dec 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 21 Jan 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.