RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04526

XXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His Reserve Component Survivor Benefit Plan (RCSBP) election be changed from Option A, “Defer to make an election until age 60,” child only, to “Option C, “Immediate Annuity” for spouse only.

APPLICANT’S CONTENTIONS

He completed his DD Form 2656, Data for Payment of Retired Personnel, in Dec 18 indicating his current spouse as the beneficiary with full coverage.  However, his retiree account records from the Defense Finance and Accounting Service (DFAS) reflects a child as the beneficiary.  He does not have any children.  DFAS indicated the information was derived from his previous marriage in 1995 where his former stepdaughter was listed as a dependent.  He divorced his former spouse in 1999.  DFAS indicated he was incorrectly advised when completing his DD Form 2656.  He would like his SBP corrected to reflect his current spouse as the beneficiary.

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

STATEMENT OF FACTS

The applicant is a retired Reserve senior master sergeant (E-8).

On 9 May 02, the applicant received the standard notification of eligibility for retired pay at age 60 (20-year letter).  The letter informed the applicant that he was eligible to participate in the RCSBP and would be receiving detailed information on RCSBP by certified mail within 30 days.  On 30 May 02, the applicant acknowledged receipt of the notification, per Postal Service Form 3811, Domestic Return Receipt.

On 30 Sep 13, the applicant was relieved from his assignment, assigned to the Retired Reserve Section and placed on the USAF Reserve Retired List, awaiting retired pay at age 60 years (4 Feb 22), per Reserve Order EK-5976, dated 11 Sep 13.

Effective 4 Nov 18, the applicant was retired, authorized retired pay per Title 10, United States Code, Section 12731, and placed on the USAF Retired List, per Reserve Order EL-3474, dated  24 Apr 19.

On 8 Dec 18, the applicant completed DD Form 2656, Data for Payment of Retired Personnel, and elected Option C, “Immediate RCSBP coverage” and did not make an election in the SBP beneficiary category.

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.  The applicant was sent the standard notification of eligibility for retired pay (20-year letter) which included an attachment with information on RCSBP and instructions to reply within 90 days of receipt.  The PS 3811, Domestic Return Receipt, acknowledging receipt of this notification and guidance was signed by the applicant on 30 May 02.  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.  In turn, the applicant was automatically enrolled under Option A, “Defer to make an election until age 60,” child only, effective 28 Aug 02 in the Military Personnel Data System (MilPDS).  This election is not valid due to a MilPDS system glitch.  An election cannot defer and elect a beneficiary simultaneously.  Based on the applicant’s dependents at the time of election, he should have received an automatic, non-response Option A, “Defer to make an election until age 60,” effective 28 Aug 02.  The applicant made an error when he completed his final SBP election on 10 Dec 18 [sic].  The applicant selected that he previously elected Option C, immediate RCSBP coverage in block 33 of the DD Form 2656.  In block 34, Beneficiary Categories, the applicant did not make an election.  He should have selected Option A in block 33 and then selected block A in section 34, “I elect coverage for spouse only.”  Based on the errors on the DD Form 2656, there is evidence of an administrative oversight.  According to the DD Form 2656 instructions and DoD Instruction 1332.42, Survivor Annuity Program Administration, the branch of service should not have accepted the form due to the errors that deem the election invalid.

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 26 May 20 for comment (Exhibit D), but has received no response.

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 he elected Option C (Immediate Annuity for Spouse Only) for his Reserve Component Survivor Benefit Plan (RCSBP) within 90 days of his Notification of Eligibility.

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-2019-04526 in Executive Session on 20 Aug 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 18 Jul 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, dated 28 Jan 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 26 May 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.