RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00391

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

His Reserve Service Component Survivor Benefit Plan (RCSBP) election be changed from Option C (Previously elected or defaulted to Immediate RCSBP Coverage) to Option A (Previously declined to make an election until eligible to receive retired pay). 

APPLICANT’S CONTENTIONS

In 2006, after reaching the twenty-year mark, he was asked to make a decision regarding the SBP. The form required a selection of A, B, or C.  He asked many fellow military members about each selection but no one really knew how the program worked.  No one in the Military Personnel Office could direct or guide him to make a smart decision or tell him the impact it would have on his pay after retirement.  Not one person understood exactly what would happen after retirement.   He received no information as to the amount or percentage that would be required upon retirement.  Senior members advised him to choose option “C” for the simple reason his spouse would have some financial benefit upon his death.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force Reserve senior master sergeant (E-8).  The applicant retired on 17 September 2019 and was credited with 33 years, 4 months and 14 days of service for basic pay.

On 25 March 2019, according to DD Form 2656, Data for Payment of Retired Personnel, the applicant elected Option C (Previously elected or defaulted to Immediate RCSBP Coverage).

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.  ARPC/DPTT sent the applicant the standard notification of eligibility for retired pay (20-year letter).  The letter included an attachment with information on RCSBP and instructions to reply within 90 days of receipt.  ARPC/DPTT received a signed delivery receipt for the 20-year letter on 22 September 2006.  The applicant was automatically enrolled based on his eligible beneficiaries, which resulted in Option C, provide an immediate survivor annuity beginning on the day after day after death for spouse and child, effective 5 January 2007.

Although ARPC/DPTT recommends denial, they empathize with the applicant.  Per Title 10, United States Code, Subsection 1448(a)(4)(B), “Irrevocability of elections - An election under paragraph (2)(B) is irrevocable if not revoked before the end of the 90-day period referred to in that paragraph.

 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 2 May 2006.  They were able to verify that the applicant was officially notified to make an RCSBP election.  The PS Form 3811, Domestic Return Receipt, acknowledging receipt of this notification and guidance was signed on 22 September 2006.  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.  He was automatically enrolled based on his eligible beneficiaries, which resulted in Option C, provide an immediate survivor annuity beginning on the day after death for spouse and child, effective 5 January 2007.

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 20 April 2020 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.  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-2020-00391 in Executive Session on 1 July 2020:

Mr., Chair, AFBCMR
Mr., Panel Member
Ms., Panel Member

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

Exhibit A:	Application, DD Form 149, w/atch, dated 11 February 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, dated 19 March 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 20 April 2020.

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.