RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00438

XXXXXXXXXX	COUNSEL: NONE
	(DECEASED SERVICE MEMBER)

XXXXXXXXXX 	HEARING REQUESTED: NO
	(APPLICANT)

APPLICANT’S REQUEST

Her deceased husband’s records be corrected to show that he elected Option B (Deferred Annuity) under the Reserve Component Survivor Benefit Plan (RCSBP).

APPLICANT’S CONTENTIONS

On 26 Dec 06, she and her husband signed ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, electing “Option A (I decline to make an election until age 60).”  The application was vague and did not clearly state the effect of the election or that she would be ineligible for SBP if he died before age 60.  On 11 Sep 18, her spouse died at the age of 54. Subsequently she received a letter from Headquarters ARPC indicating she was ineligible to receive SBP because of the “Option A” election.  Her husband assured her she would be covered under SBP and she had no reason to believe she was not covered.  Additionally, her husband did not receive transition assistance classes.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The deceased service member was an Air Reserve lieutenant colonel (O-5) who died while awaiting retired pay at age 60.

The applicant provided a marriage certificate showing that she and the deceased service member were married on 1 Mar 93.

On 18 Dec 06, the deceased service member completed ARPC Form 123 and declined participation in the RCSBP.  On 26 Dec 06, the applicant signed Section VII of the form that states, “I hereby concur with my spouse’s/former spouse’s Reserve Component Survivor Benefit Plan election as indicated.  I have read the information that explains the options available and the effect of those options.”

Per Reserve Order EK-0818, dated 17 Nov 08, on 28 Feb 09, the deceased service member was assigned to the Retired Reserve Section awaiting retired pay at age 60.

The applicant provided a copy of the deceased service member’s death certificate showing that he died on 11 Sep 16, at the age of 54.

For more information, see the excerpt of the deceased service member’s record at Exhibit B.

AIR FORCE EVALUATION

ARPC/DPTT recommends denial stating there is no evidence of an error or injustice.  The applicant completed ARPC Form 123 dated 18 Dec 06 and elected Option A, defer to make an election until age 60.  The applicant’s spouse concurred with his election.  Spouse concurrence serves as acknowledgement that the spouse read the RCSBP information that explains the options available and the effects of those options.  Although DPTT empathizes with the applicant, she concurred with the deceased service member’s election to defer his survivor annuity election until retirement age, electing no coverage for the years between becoming eligible for retirement and reaching retired pay age.  If he had not passed away at age 54 he would have been afforded the opportunity to make an election at retirement age, regardless if that age was before age 60, to participate in SBP as any other member becoming entitled to retired pay.

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 16 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.  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-2020-00438 in Executive Session on 27 Oct 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 17 Dec 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPTT, dated 20 Mar 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 16 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.