RECORD OF PROCEEDINGS
IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04925
XXXXXXXXXXXXXX	COUNSEL:  NONE
HEARING REQUESTED: NO

APPLICANT’S REQUEST
His record be corrected to reflect he elected “Child Only” Survivor Benefit Plan (SBP) coverage rather than “Spouse Only,” and he be refunded all SBP payments deducted from his retirement pay.
APPLICANT’S CONTENTIONS
SBP premiums are being deducted from his retirement pay due to an administrative error made in his records. Specifically, he never received his 20-year letter informing him of SBP options and was subsequently assigned a plan without his consent.
The applicant’s complete submission is at Exhibit A.
STATEMENT OF FACTS
The applicant is a retired Air Force Reserve major (O-4).
According to the documentation provided by the applicant and analysis of the facts, the following information is provided:
On 31 May 86, the applicant and his former spouse married and on 19 Oct 04, they divorced.
On 13 Jul 05, the applicant received his Notification of Eligibility (20-year letter), informing him that he 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 Reserve Component SBP (RCSBP).
On 3 Feb 12, the applicant married his current spouse.
On 8 Aug 18, via DD Form 2656, Data for Payment of Retired Personnel, the applicant, elected not to participate in SBP and his spouse concurred in his election.

On 5 Sep 18, per Reserve Order EK-1320, dated 7 Feb 19, the applicant was authorized retired pay and placed on the Air Force Retired List.

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, there is evidence of an error or injustice. Specifically, at the time of notification for eligibility for non-regular retirement pay on or around 13 Jul 05, the applicant did not have an eligible spouse beneficiary, but had eligible dependent children.

The applicant did not notify the Air Reserve Personnel Center (ARPC) of his desired election within the 90-day timeframe prescribed by law triggering the Military Personnel Data System to update an automatic non-response election of Option C, to provide an immediate survivor annuity beginning on the day after death, for spouse only, effective 30 Sep 06.

On 8 Aug 18, in preparation for commencement of retired pay, the applicant with spouse concurrence, declined SBP coverage. He made an administrative error in Section X; Block 33, when he failed to select that he previously had RCSBP coverage, which resulted in the Defense Finance and Accounting Service implementing full spouse costs and coverage. Finally, his DD Form 2656 should have been revoked by Headquarters ARPC, Retirements Branch for correction of administrative error in section X, Block 33 prior to retirement commencement.
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 28 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 the APPLICANT be corrected to show:

a.	He elected Option C (Provide an immediate survivor annuity beginning on the day after death, for children) for his Reserve Component Survivor Benefit Plan (RCSBP) within 90 days of his Notification of Eligibility.
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-2019-04925 in Executive Session on 23 Jul 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 16 Feb 19.
Exhibit B: Documentary evidence, including relevant excerpts from official records. Exhibit C: Advisory opinion, ARPC/DPTT, dated 13 May 20.
Exhibit D: Notification of advisory, SAF/MRBC, dated 28 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.