RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-05396

	COUNSEL: XXXXXXXXXXXXXX

	HEARING: NO

APPLICANT REQUESTS THAT:

His Reserve Component Survivor Benefit Plan (RCSBP) election be changed from Option C, “Immediate annuity” for “Child only maximum coverage” to Option B, “Provide annuity at 60 if deceased prior to age 60” for “Spouse only maximum coverage.”

APPLICANT CONTENDS THAT:

He never received the 20-year notification letter or any documentation, or briefing on RCSBP.

He married in July 2014 and enrolled his wife in the Dependent Enrollment Eligibility Reporting System (DEERS), but was never informed of any additional documentation needed to be submitted.

He has been diagnosed with a terminal illness and is trying to get his affairs in order.

In 2017, when he tried to enroll his wife in RCSBP, he was informed by the Defense Finance and Accounting Service (DFAS), that he had 12 months from the date of his marriage to change his enrollment.

The applicant has provided notarized statements from fellow Drill Status Guardsmen (DSG) noting the concerns and lack of administrative support for DSG members retiring from the Washington Air National Guard (WA ANG).

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air National Guard (ANG) major.  

On 26 Aug 03, the applicant was notified of his eligibility to participate in RCSBP.

On 18 Sep 03, a PS3811, Domestic Return Receipt, acknowledging receipt of this notification and guidance was signed by the applicant.

On 30 Apr 09, the applicant was placed on the Reserve Retired List to await retired pay at age 60.  The applicant’s birthdate is 26 Apr 61.

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.

Under the provisions of Title 10, USC, Subsection 1448, an election is irrevocable if not revoked before the end of the required 90-day timeframe.  Furthermore, the election must be written, signed by the person making the election, and received by the Secretary concerned within one year after the date on which that person marries or acquires a dependent child. 

Service members of the ANG are sent a certified letter of their eligibility for RCSBP and an explanation of the program and guidance on making elections. If no response is received within the 90 days, an automatic election is made on the service member’s behalf.

The applicant failed to return the documentation with his election within the required 90-day timeframe; as a result of the failure to respond, he was automatically enrolled under Option C, “Immediate annuity,” effective 17 Dec 03.  In addition, the applicant failed to notify Headquarters Air Reserve Personnel Centre (ARPC) of his 27 Jul 14 marriage within the one-year timeframe prescribed by law.

The complete advisory, with attachments, is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant and counsel on 18 Jun 18 for comment (Exhibit D), and the applicant replied on 16 Jul 18.  In his response, the applicant acknowledges that it is his signature on the receipt for the information in 2003, but does not recall receiving the information.  The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES THAT:

1.  The application was not 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.  The Board sympathizes with the applicant’s circumstances; however, in the absence of evidence indicating he was treated differently from others who have been similarly situated, and mindful of the Board’s past practice in RCSBP cases where there is proof of delivery, the Board is unable to recommend granting relief.

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-2017-05396 in Executive Session on 6 Sep 18:

, 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 7 Nov 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, w/atchs, dated 14 May 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 18 Jun 18.
Exhibit E:	Applicant’s Rebuttal, 16 Jul 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.