RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-04158

	COUNSEL:  NONE

	HEARING:  NOT INDICATED

APPLICANT REQUESTS THAT:

She be allowed to change her election under the Reserve Component Survivor Benefit Plan (RCSBP) from Option C - “Immediate Annuity - Spouse-Only,” to Option A - “Defer Making an Election Until Age 60.” 

APPLICANT CONTENDS THAT:

She thought she could complete the forms on or before her 60th birthday and was not on a base where she could access a military computer to decline RCSBP at the time of eligibility.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force master sergeant.  On 8 Nov 07, the applicant was notified she had completed the required years under the provisions of Title 10 United States Code (USC), §12731, and entitled to retired pay at age 60.  In addition, she was eligible to participate in the 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.  The applicant received guidance and instructions on the program at the initial time of eligibility and did not respond within the 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 Title 10, USC §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 11 May 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 or 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.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

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.

The application was adjudicated without a personal appearance.

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-2017-04158 in Executive Session on 19 Jul 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 6 Sep 17.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, w/atchs, dated 23 Feb 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 11 May 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.