RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00264

XXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

There is no documentation in his Air Force records indicating that he made an election.  According to the myPers-Total Service Center, prior to 2011, members were notified by certified mail when they completed 20 years of satisfactory service that they needed to make an RCSBP election.  Those who did not make an election were automatically enrolled and were notified via a PS Form 3811, Request for Delivery Information/Return Receipt.  However, this form is not in his records and myPers personnel believe he never elected RCSBP and the monies taken out since 15 Oct 18, the date he retired, should be refunded and future RCSBP payments should be cancelled.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 17 Nov 04, a memorandum from ARPC/DPRR notified the applicant that he was eligible for retired pay at age 60.  In addition, it states that he was eligible to participate in the RCSBP and he should receive detailed information on RCSBP by certified mail within 60 days.

On 27 Jun 18, the applicant signed a DD Form 2656, Data for Payment of Retired Personnel, which indicates that he elected RCSBP Option A, Previously declined to make an election until eligible to receive retired pay, and made a final election that he elected not to participate in SBP.  On that same date, the applicant’s spouse concurred with the election and a notary public signed the form.  

On 15 Oct 18, Reserve Order EL-3129, dated 9 Apr 19, placed the applicant on the USAF Retired List and credited him with 34 years, 3 months and 8 days 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.

AIR FORCE EVALUATION

ARPC/DPTT recommends granting the application after verifying that the applicant was never officially notified to make an RCSBP election within 90 days of his 20-year satisfactory service date.  In this regard, the applicant’s official military human resource record does not include the PS-3811, DD Form 2656-6, DD Form 2656, and/or ARPC 123, Reserve Component Survivor Benefit Plan Election Certificate, which supports the current election.  Due to a lack of evidence in the applicant’s records reflecting that an election was made, AFPC/DPTT has determined that his Military Personnel Database System record was erroneously updated on 17 Feb 05 to reflect Option C.  Furthermore, the Air Reserve Personnel Center would have administratively corrected the record due to a system error; however, since the applicant is over the age of 60, approval must come from the Air Force Board for Correction of Military Records.  

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 21 Apr 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 that:

	a. On 27 Jun 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-2020-00264 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 30 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 21 Apr 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.