RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04365

XXXXXXXXXX	COUNSEL: XXXXXXXXXX

	HEARING: YES

APPLICANT REQUESTS THAT:

His Survivor Benefits Plan (SBP) be halted and all prior deductions be refunded.

His Reserve Component Survivor Benefit Plan (RCSBP) be corrected to reflect automatic option C, ‘’Immediate Annuity’’ for spouse only to option A, ‘’Defer making an election until age 60’’.

APPLICANT CONTENDS THAT:

RCSBP was automatically assigned to him after he failed to reply to his notification letter.  He was married to his ex-wife at that time and his marriage ended on November 2010.  He since remarried on October 2012 to another member who is retired Air Force.  He completed the ARPC documents to include DD Form 2656, which was signed and notarized by his new wife declining RCSBP.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force LtCol (0-5).

On 18 February 2004, the applicant was relieved from his reserve assignment and transferred to the retired reserve to await reserve retired pay at age 60. 

On 25 July 2006, (Atch 1) the PS 3811, Domestic Return Receipt, acknowledging receipt of this notification and guidance was signed and the applicant did not return the documentation with his desired election within the 90 day timeframe prescribed by law and is ineligible to change his election.

On 25 Oct 2006, (Atch 2) he was automatically enrolled under Option A, ‘’Defer until age 60’’.

On 06 June 2016, the applicant initiated a DD Form 2656, in which he had notarized and signed by his current wife electing not to participate in SBP.

On 30 October 2016, the applicant are authorized retired pay per title 10, United States Code, Section 12731 and placed on the United States Air Force retired list.

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.  Members of the Air Force Reserve and Air National Guard are sent a certified letter of their eligibility for the (RCSBP) and an explanation of the program and guidance on making elections. If there is no response, an automatic election is made on the member’s behalf. The PS 3811, Domestic Return Receipt, acknowledging receipt of this notification and guidance was signed on 25 Jul 06.  The applicant did not return the documentation with his desired election within the 90-day timeframe prescribed by law and is ineligible to change his election.  He was automatically enrolled under Option A, “Defer until age 60”, effective 25 Oct 06.  Per Title 10, USC, Subsection 1448(a)(4)(B), “Irrevocability of elections.— An election under paragraph (2)(B) is irrevocable if not revoked before the end of the 90-day period referred to in that paragraph.”  

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 14 March 2018 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.

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-2017-04365 in Executive Session on 7 August 2018:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 13 August 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, dated 18 December 2017.
Exhibit D:	Letter, AFBMCR to applicant, dated 14 March 2018.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.