RECORD OF PROCEEDINGS
IN THE MATTER OF:	DOCKET NUMBER: BC-2019-02089
XXXXXXXXXXXXXX	COUNSEL: NONE
HEARING REQUESTED: NO

APPLICANT’S REQUEST
Her Reserve Component Survivor Benefit Plan (RCSBP) be corrected to reflect that she elected not to participate in the Survivor Benefit Plan (SBP) and any premiums paid be refunded.
APPLICANT’S CONTENTIONS
SBP premiums are being deducted from her retired pay due to an administrative error made in her records. Specifically, she elected not to participate in SBP and was subsequently assigned a plan without her consent.
The applicant’s complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS
The applicant is a retired Air Force technical sergeant (E-6).
According to documentation provided by the applicant and analysis of the facts, the following information is provided:

On 1 August 2002, according to Reserve Order EK-3360, dated 30 July 2002, the applicant was relieved from her current assignment, assigned to the Retired Reserve Section, and placed on the Air Force Reserve Retired List awaiting retired pay.

On 21 October 2002, ARPC/DPPR sent the applicant a Notification of Eligibility (20-year letter), informing her that she had completed the required years under provisions of Title 10 United States Code, Section 12731, and entitled to retired pay upon application at age 60. In addition, he was eligible to participate in the RCSBP.

On 3 October 2017, according to DD Form 2656, Data for Payment of Retired Personnel, dated 3 October 2017, Section IX, SBP Election, Block 26g, Beneficiary Category, the applicant elected “not to participate in SBP, checked both boxes indicating that she did and did not have eligible dependents under the plan” and signed her name versus her spouse’s name in Section XII, SBP Spouse Concurrence.
On 9 November 2017, the applicant began receiving retired pay.
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 granting the application, indicating that based on DoD 7000.14.-R, Financial Management Regulation Volume 7B, Chapter 54, Paragraph 540204 and 540206 there is evidence of an error or injustice. A retirement eligible Reserve member who elects RCSBP coverage for less than maximum coverage for the spouse, when the member becomes eligible to participate, must obtain the concurrence of the spouse in writing. The spouse’s signature must appear on the DD Form 2656; the signature must be notarized and signed after the service member has signed the form.

The applicant completed 20 satisfactory years on 17 July 2002. Her record contains a 20-year notification of eligibility letter and a PS Form 3811, Domestic Return Receipt; however, the documents are addressed to two different mailing addresses. Based on research and evidence from the applicant’s record, it appears the 20-year notification letter was sent to the correct address; however, the RCSBP election materials were sent to the incorrect address. In addition, the signature on the PS Form 3811 does not match the applicant’s signature or name. The address discrepancy makes it difficult to verify the applicant was officially notified to make a RCSBP election within 90 days of her 20-year satisfactory service date. In addition, the DD Form 2656 should have been revoked by Headquarters Air Reserve Personnel Center, Retirements Branch for correction of administrative errors in Section XII, SBP Spouse Concurrence, Items 32a, and 32b, wherein the applicant signed in the spouse concurrence section and failed to date the form.

Regardless of any request by the member to do otherwise, when all requirements for the SBP election are not satisfied prior to retirement, full spouse costs, and coverage are implemented by the Defense Finance and Accounting Service (DFAS).
The complete advisory opinion is at Exhibit C.
APPLICANT’S REVIEW OF AIR FORCE EVALUATION
The Board sent a copy of the advisory opinion to the applicant on 1 September 2020 for comment (Exhibits D), and the applicant replied 2 September 2020. In her response, the applicant concurred with the facts and agrees with the recommendation. The applicant’s complete response is at Exhibit E.
FINDINGS AND CONCLUSION
1.	The application was timely filed.
2.	The applicant exhausted all available non-judicial relief before applying to the Board.
3.	After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice. The Board concurs with the rationale and recommendation of ARPC/DPTT and finds a preponderance of the evidence substantiates the applicant’s contentions. Therefore, the Board recommends correcting the applicant’s records as indicated below.
RECOMMENDATION
The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show:

a.	She elected Option A (Previously declined to make an election until eligible to receive retired pay) for her Reserve Component Survivor Benefit Plan (RCSBP) within 90 days of her Notification of Eligibility and her spouse concurred with her decision.
b.	She be authorized full reimbursement of all SBP premiums withheld from her retired 
pay.
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-2019-02089 in Executive Session on 22 October 2020:
, Panel Chair
, Panel Member 
, Panel Member
All members voted to correct the record. The panel considered the following: Exhibit A: Application, DD Forms 149, w/atchs, dated 1April 2019.
Exhibit B: Documentary evidence, including relevant excerpts from official records. Exhibit C: Advisory opinion, ARPC/DPTT, dated 31 August 2020.
Exhibit D: Notification of advisory, SAF/MRBC to applicant, dated 1 September 2020. Exhibit E. Applicant’s response, dated 2 September 2020.
Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.