RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-03911

XXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His record be corrected to reflect that he elected not to participate in the Reserve Component Survivor Benefit Plan (RCSBP).

APPLICANT’S CONTENTIONS

Survivor Benefit Plan (SBP) payments are currently being withheld from his retired pay, contrary to his wishes.  At the point of his 20-year satisfactory service date, the Air Reserve Personnel Center (ARPC) should have sent him a certified letter with material explaining the RCSBP program and notifying him to make a RCSBP election or asking if he desired to be enrolled in the program.  This did not happen and when he did not respond, an automatic election for Option C, Immediate annuity for spouse and child, was made on his behalf in 2006, and he was never notified.  The DD Form 2656, Data for Payment of Retired Personnel, reflects that he elected not to participate in the SBP and his spouse concurred.  His record should be corrected to show he declined SBP coverage, his spouse concurred with his election, and any premiums paid should be refunded.

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

STATEMENT OF FACTS

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

On 24 Aug 05, ARPC sent the applicant a 20-year letter indicating he had completed the required years of service and would be entitled to retired pay at age 60.  The letter further explained the applicant was eligible to participate in the RCSBP and would receive detailed information within 60 days.

On 1 Jun 12, according to Reserve Order EK-1530, dated 19 Dec 11, the applicant was assigned to the Retired Reserve List, awaiting retired pay at age 60. 

On 28 Nov 18, according to DD Form 2656, the applicant elected not to participate in the SBP program.  The applicant’s spouse concurred on 3 Dec 18.

On 4 Jan 19, according to Reserve Order EL-2750 dated 4 Mar 19, the applicant was retired and authorized 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.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice. It was verified that the applicant was never officially notified to make an RCSBP election within 90 days of his 20-year satisfactory service date.  The applicant’s record does not include PS3811, Domestic Return Receipt, DD Form 2656-5, RCSBP Election Certificate, DD Form 2656, and/or other documents that supports his current election.

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 29 Jan 20 for comment (Exhibit D), and the applicant replied on 11 Feb 20.  In his response, the applicant stated that he concurred with the advisory opinion.  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 that:

a. On 28 Nov 18, he declined SBP coverage and his spouse concurred with his decision.

b. He be authorized full reimbursement of all SBP premiums withheld from his 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-2019-03911 in Executive Session on 28 May 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 31 Jul 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, dated 19 Dec 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 29 Jan 20.
Exhibit E:	Applicant’s response, dated 11 Feb 20.

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.