RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-02243

SUE E. LAUSHINE	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

That her Reserve Component Survivor Benefit Plan (RCSBP) election be changed from the full amount to the threshold amount based on her retirement date.

APPLICANT CONTENDS THAT:

She was automatically selected for full coverage and she was not aware of the error until retirement pay paperwork was completed.  The applicant also states she and her husband are retired colonels and they discussed their options with their financial advisor before filling out the forms.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant was assigned to the Retired Reserve section and placed on the Air Force Reserve Retired List on 23 Jun 17 in the grade of colonel.  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.  According to the applicant’s DD Form 2656, Data for Payment of Retired Personnel signed on 14 Apr 17, it does not reflect her request for payment based on a threshold amount effective the date of retirement.  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 8 Mar 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, Board concludes that the applicant is the victim of an error and injustice.  While the Board notes the comments of ARPC/DPTT indicating that relief should be denied, the Board believes a preponderance of the evidence substantiates the applicant’s contentions.  First, the Board notes that while there is a signed receipt for the original notification packet sent to the applicant in 2006, the person who signed was neither the applicant nor her spouse; the selection for benefits based on the full amount of retired pay was entered by default; and the applicant asserts she had no knowledge the selection had been made.  The Board finds it more likely than not the applicant never received the original notice.  Further, while it is true, as ARPC/DPTT states, “the applicant’s DD Form 2656 … does not reflect her request for payment based on a threshold amount,” there is also no mark next to any of the four options in Section 27, Level of Coverage.  The absence of a selection of any type is a prima facie error, and the Air Force should have sought clarification from the applicant on receipt of the form.  Therefore, the Board recommends correcting the applicant’s records 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 Block 27(d) of her 14 April 2017 DD Form 2656, Data for Payment of Retired Personnel, indicates the following: “I elect coverage based on the threshold amount in effect on the date of retirement.”

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-2017-02243 in Executive Session on 10 May 18.

Ms. Marcia J. Bachman, Panel Chair
Ms. Gail P. Forest, Panel Member
Mr.  William L. Troy, Panel Member

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

Exhibit A:	Application, DD Form 149, dated 27 Apr 17.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, w/atch, dated 22 Dec 17
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 8 Mar 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.