RECORD OF PROCEEDINGS
IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00813
XXXXXXXXXXXXXX	COUNSEL:  NO
HEARING REQUESTED: NO

APPLICANT’S REQUEST
He be disenrolled from the Survivor Benefit Plan (SBP) and be reimbursed all SBP payments deducted from his retirement pay.
APPLICANT’S CONTENTIONS
The applicant’s complete submission is at Exhibit A.
STATEMENT OF FACTS
The applicant is a retired Air Force Reserve colonel (O-6)
According to the documentation provided by the applicant and analysis of the facts, the following information is provided:

On 17 October 2003, the applicant filed his ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, indicating he declined to make an election until age 60. The applicant was not married and did not have a dependent child at the time of notification.

On 21 July 2003, the applicant received his Notification of Eligibility (20-year letter), informing him that he had completed the required years under the 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 29 September 2018, the applicant married his current spouse.
On 5 December 2018, according to DD Form 2656, Data for Payment of Retired Personnel, the applicant, declined to make an election to participate in SBP.

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, the applicant did not previously elect RCSBP coverage Option A, “I decline to make an election until age 60.” In addition, he did not name a beneficiary in Section X, Block 34, SBP Beneficiary Categories or elect a level of coverage in Block 35, SBP Level of Coverage. Finally, the applicant was married at the time of election and did not obtain spouse concurrence or a notary witness signature in Section XI, Certification. Therefore, the DD Form 2656 should have been revoked by Headquarters Air Reserve Command Personnel Center (ARPC), Retirements Branch for correction of administrative errors in Section X, SBP Election, Blocks 33-34 and Section XI, Certification.
Regardless of any request by the applicant to do otherwise, when all requirements for SBP election are not satisfied prior to retirement, full spouse costs, and coverage are implemented by the Defense Finance and Accounting Service (DFAS).
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 2 June 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 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 APPLICANT be corrected to reflect that:

a.	He elected Option A (Previously declined to make an election until eligible to receive retired pay) for her Reserve Component Survivor Benefit Plan (RCSBP) within 90 days of her Notification of Eligibility (NOE) 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-2020-00813 in Executive Session on 23 July 2020:
, 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 21 February 2020.
Exhibit B: Documentary evidence, including relevant excerpts from official records. Exhibit C: Advisory opinion, ARPC/DPTT, dated 13 May 2020.
Exhibit D: Notification of advisory, SAF/MRBC to applicant, dated 2 June 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.