RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-00973

	COUNSEL:  NONE
	
			HEARING:  NO

APPLICANT REQUESTS THAT:

Her record be corrected to reflect she did not elect spouse coverage under the Reserve Component Survivor Benefit Program (RCSBP) and she be reimbursed all deductions.

APPLICANT CONTENDS THAT:

She never elected RCSBP coverage for her spouse and was unaware the law changed in Jun 04.  On 8 Feb 17, she contacted the Air Reserve Personnel Center (ARPC) and was informed of the change in law but was unable to decline her election.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force lieutenant colonel.  On 18 Feb 04, the applicant was notified he had completed the required years of service under Title 10, United States Code (10 USC) §12731, and entitled to retired pay upon application at age 60.  In addition, he was eligible to participate in the RCSBP.  On 31 Aug 16, the applicant and her spouse completed DD Form 2656, Data for Retired Personnel, electing not to participate in RCSBP.  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 denying the application.  On 1 Mar 04, the applicant acknowledged receipt of notification and guidance via the PS 3811, Domestic Return Receipt.  The applicant did not return the documentation within the required 90-day timeframe prescribed by law.  Due to a non-response and having an eligible dependent, Option C, “Immediate Annuity” was automatically selected in accordance with 10 USC Subsection 1448(a)(2)(B).  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 2 Feb 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 not the victim of an error and injustice.  The Board concurs with the rationale and recommendation of ARPC/DPTT and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2017-00973 in Executive Session on 17 May 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 11 Feb 17.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, w/atchs, dated 18 Dec 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 2 Feb 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.