RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-01414

XXXXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His records be corrected to reflect he elected “Immediate annuity” under the Reserve Component Survivor Benefit Plan (RCSBP).  

APPLICANT CONTENDS THAT:

He was informed by the Family Support Squadron that if he died his spouse would not receive any of his pension because he could not change his RCSBP election.  At the time of his election, he was not married.  When he was married, and when he obtained an ID card for his spouse he was not briefed on RCSBP options.  He contacted the Total Force Service Center (TFSC) and was told they receive eight calls a day from individuals with this same issue.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is currently serving in the Air National Guard in the grade of master sergeant.  

On 4 Sep 86, the applicant enlisted into the United States Air Force Reserve as an airman basic (E-1).

On 30 May 06, the PS 3811, Domestic Return Receipt, acknowledging receipt of the applicant’s RCSBP notification and guidance.  The receipt was signed; however, 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.  See Exhibit C for additional information.

On 30 Aug 06, he was automatically enrolled under Option A, ‘’Defer until age 60’’. 

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 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 30 May 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 making an election until age 60”, effective 30 Aug 06.

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 on 17 Aug 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-2018-01414 in Executive Session on 2 Oct 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 31 Mar 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, dated 11 Jul 18.
Exhibit D:	Letter, AFBCMR to applicant, dated 17 Aug 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.