RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04742

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His Reserve Service Component Survivor Benefit Plan (RCSBP) election be changed from Option A, I decline to make an election until age 60 to Option B, provide a deferred survivor annuity that begins on the date that the member would have attained the age of 60, or on the day after the member’s death, whichever is later for spouse only.

APPLICANT’S CONTENTIONS

When he made his RCSBP election, he was not married.  Subsequently, he married his partner after the “Don’t Ask, Don’t Tell” policy was established.  He was unaware that he had to notify the Total Force Service Center of this life-changing event.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is currently serving in the Air Force Reserve in the grade of colonel (O-6).

On 9 Nov 06, ARPC/DPPR sent the applicant his Notification of Eligibility for Retired Pay at Age 60 memorandum.  This memorandum also served as notification that he was eligible to participate in the RCSBP.

On 10 Feb 07, the applicant completed his RCSBP form and elected to decline participation in RCSBP.

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.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  The applicant made his initial RCSBP election on 10 Feb 07, selecting Option A, I decline to make an election until age 60.  The applicant was married on 19 Apr 15 and did not notify the appropriate office until 29 Oct 19, which was outside of the one-year timeframe as prescribed by law.  However, the applicant will have the opportunity to make a new election when he reaches the requisite age, usually age 60, or reduced retired pay age, and is entitled to receive retired pay for non-regular service.  

Members of the Air Force Reserve and Air National Guard who complete the satisfactory years of service to qualify for retired pay at age 60 are sent a certified letter of their eligibility for RCSBP and an explanation of the program and guidance on making elections.  The RCSBP election made during the 90-day period after being notified of retirement eligibility is irrevocable with some exceptions.  One exception being any Reserve member who does not have an eligible beneficiary when becoming eligible to participate in the RCSBP, who later marries or acquires a dependent child, may elect to participate in the RCSBP, if the election is completed within one year of acquiring a spouse or dependent child.

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 9 Jun 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 not 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 does not substantiate the applicant’s contentions.  As noted above, the applicant will have the opportunity to make an SBP election when he reaches retirement age.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-04742 in Executive Session on 20 Aug 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 29 Oct 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, dated 24 Mar 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 9 Jun 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.