RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-03676

	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Her Reserve Component Survivor Benefit Plan (RCSBP) be changed to reflect she elected Option G (I elect not to participate in SBP) as indicated on DD Form 2656, Data for Payment of Retired Personnel, dated 23 Feb 18.

APPLICANT’S CONTENTIONS

She was never officially notified to make an RCSBP election; however, her records were automatically updated to reflect Option C (Immediate Annuity).  RCSBP deductions began in Feb 18.

The applicant’s complete submission, with attachments,  is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force Reserve lieutenant colonel (O-5).

On 23 Feb 18, via DD Form 2656, the applicant elected Option G (I elect not to participate in SBP).

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY

“Participants in the plan.  The Plan applies to the following persons, who shall be participants in the Plan: … Reserve-component annuity participants.-A person who (i) is eligible to participate in the Plan under paragraph (1)(B), and (ii) is married or has a dependent child when he is notified under section 12731(d) of this title that he has completed the years of service required for eligibility for reserve component retired pay, unless the person elects (with his spouse's concurrence, if required under paragraph (3)) not to participate in the Plan before the end of the 90-day period beginning on the date on which he receives that notification.”  10 USC 1448(a)(2)(B).

“Any member who is notified of his or her completion of the years of service required for retired pay eligibility for non-regular retirement may elect to participate in RCSBP before the end of the 90-day period.  A member who is married or has a dependent child, and who receives notice of eligibility for retired pay, after January 1, 2001, is automatically an immediate participant in RCSBP unless the member elects (with spousal concurrence, if required) not to participate or to defer the decision or delay coverage before the end of the 90-day period.”  DoD 7000.14-R, Volume 7B, paragraph 540401.

AIR FORCE EVALUATION

ARPC/DPTT recommends granting the application because there is evidence of an error.  The applicant was never officially notified that she had to make an RCSBP election within 90 days of her 20-year satisfactory service date.  The applicant’s records lack evidence showing that she made an election or that there was a non-response notification in her records.  The applicant is over age 60; therefore, her record cannot be administratively corrected due to a system error.  

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 13 Nov 19 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

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 that:

a.	On 23 Feb 18, she made a valid and timely election not to participate in the Reserve Component Survivor Benefit Plan and her spouse concurred with her decision.

b.	Any Survivor Benefit Plan premiums collected be refunded.

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-2019-03676 in Executive Session on 23 Apr 20:

, Panel Chair 
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 22 Jul 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, dated 11 Oct 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 13 Nov 19.

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 pertaining to Docket Number BC-2019-03676.