RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00213

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

Her Reserve Component Survivor Benefit Plan (RCSBP) election be changed to reflect she did not elect SBP, and she be provided back-pay for the amount removed from her pay. 

APPLICANT’S CONTENTIONS

She never elected to take SBP.  On 28 Feb 07, her spouse retired from the military, before she reached 20 years.  They decided at that time neither would elect to take SBP.  However, she noticed on her first Retiree Account Statement that she was charged SBP costs.  When she contacted the Defense Finance and Accounting Service (DFAS) she was told her paperwork reflected she elected to take SBP; however, they did not have a copy of any paperwork.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is retired Air Force colonel (O-6).

On 24 Jul 08, ARPC/DPPR sent the applicant her Notification of Eligibility for Retired Pay at Age 60 memorandum.  This memorandum also served as notification that she was eligible to participate in the RCSBP.

On 17 Jul 19, according to DD Form 2656, Data for Payment of Retired Personnel, the applicant elected not to participate in SBP and her spouse concurred with the decision.

On 9 Sep 19, according to Reserve Order EL-0014, dated 2 Oct 19, the applicant was placed on the USAF Retired List and credited with 41 years and 4 months of service for basic pay.  

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

APPLICABLE AUTHORITY

AFI 36-3006, Survivor Benefit Plan (SBP) (Active, Guard, Reserve, and Retired).  A member of the Air Force Reserve or Air National Guard is required to make an RCSBP election when notified by the Air Reserve Personnel Center (ARPC) of his/her eligibility for retired pay, except for not yet being age 60.  The RCSBP is administered by ARPC.  Any member without a valid RCSBP election on file must make a SBP election upon applying for retired pay at age 60.   

Title 10 United States Code, Section 1448 (Title U.S.C. §1448), Application of Plan.  Paragraph (a)(2)(B), 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. 

Paragraph (a)(4)(B), Reserve-component annuity.  An election under paragraph (2)(B) is irrevocable if not revoked before the end of the 90-day period referred to in that paragraph.  

Title U.S.C. §1448a, Election to discontinue participation: one-year opportunity after second anniversary of commencement of payment of retired pay.	Paragraph (a) Authority. A participant in the Plan may, subject to the provisions of this section, elect to discontinue participation in the Plan at any time during the one-year period beginning on the second anniversary of the date on which payment of retired pay to the participant commences. 

AIR FORCE EVALUATION

ARPC/DPTT recommends denying the application.  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 applicant completed 20 satisfactory years on 8 May 08.  They were able to verify that the applicant was officially notified to make an RCSBP election.  The PS Form 3811, Domestic Return Receipt, acknowledged receipt of this notification and guidance, and was signed on 28 Aug 08.  The applicant did not return the documentation with her desired election within the 90 day timeframe prescribed by law and is ineligible to change her election.  The applicant was automatically enrolled based on her eligible beneficiaries, which resulted in Option C, provide an immediate survivor annuity beginning on the day after death for spouse only, effective 1 Dec 08.

The complete advisory opinion, with attachment, is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 7 May 20 for comment (Exhibit D), and the applicant replied on 21 May 20.  In her response, the applicant contends that, with regard to the PS Form 3811, her spouse signed the form, she never saw the envelope, or any forms.  She receive a copy of the 20 year letter which states, “You are eligible to participate in the Reserve Component Survivor Benefit Plan,”  but does not indicate she was going to receive any forms, that she had to make an election, or that she would be automatically enrolled in the RCSBP.  

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 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.  The applicant did not return the RCSBP election form with her desired election within the 90 day timeframe prescribed by law and was automatically enrolled based on her eligible beneficiaries.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2020-00213 in Executive Session on 23 Jul 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, w/atchs, dated 22 Dec 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, w/atch, dated 24 Mar 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 7 May 20.
Exhibit E:	Applicant’s response, w/atch, dated 21 May 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings regarding AFBCMR Docket Number BC-2020-00213, as required by AFI 36-2603, paragraph 4.11.9.