RECORD OF PROCEEDINGS
IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00844
XXXXXXXXXXXXXXX	COUNSEL:  NONE
HEARING REQUESTED: NO

APPLICANT’S REQUEST
Her records be corrected to reflect she elected Option A (Previously declined to make an election until eligible to receive retired Pay) under the Survivor Benefit Plan (SBP) and she be refunded all SBP payments deducted from her retired pay.
APPLICANT’S CONTENTIONS
SBP premiums are being deducted from her retirement pay due to an administrative error made in her records. Specifically, she did not make a SBP election when she reached her 20 years of eligible service in May 2000.
The applicant’s complete submission is at Exhibit A.
STATEMENT OF FACTS
The applicant is a retired Air Force Reserve first lieutenant (0-2).
According to documentation provided by the applicant and analysis of the facts, the following information is provided:

On 22 March 2000, the applicant received her Notification of Eligibility (20-year letter), informing her that she had completed the required years under provisions of Title 10 United States Code, Section 12731, and entitled to retired pay upon application at age 60. In addition, she was eligible to participate in the Reserve Component SBP (RCSBP).

On 15 March 2002, per Reserve Order EK-1310, dated 11 March 2002, the applicant was relieved from her current assignment, assigned to the Retired Reserve Section and placed on the Air Force Reserve Retired List.

On 14 February 2019, according to DD Form 2656, Data for Payment of Retired Personnel, Section X, SBP Election, Block 33, Reserve Component Only, provided by the applicant, indicates an election for Option B (Previously elected coverage to begin at age 60).

On 2 June 2019, per Reserve Order EL-5100, dated 30 July 2019, the applicant was authorized retired pay and placed on the Air Force Retired List.

On 12 August 2019, per DD Form 2656-2, SBP Termination Request, provided by the applicant, she requested to discontinue participation in SBP and on the same date, her spouse acknowledged

he understood the disadvantages and advantages of his decision and that he would not receive SBP benefits upon his spouse’s death.

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. A retirement eligible Air Force Reserve member who elects RCSBP coverage for less than maximum coverage for the spouse, when the member becomes eligible to participate, must obtain the concurrence of the spouse in writing. The applicants DD Form 2656 should have been revoked by Headquarters Air Reserve Personnel Center, Retirements Branch for correction of administrative errors in Section X, Blocks 33-34.

The applicant completed 20 satisfactory years on 6 December 1999. She returned ARPC Form 123, RCSBP Election Certificate, with her desired election within the 90-day timeframe prescribed by law. She elected Option A (I decline to make an election until age 60) which is less than maximum coverage. Spousal concurrence is required if the member declines coverage, elects deferred coverage, elects coverage for spouse at less than the maximum level, or elects coverage for a dependent child but not for the spouse.

The applicant applied for retired pay on 14 February 2019. DD Form 2656 was completed in conjunction with her application. However, errors were made in Section X, Blocks 33-34. The applicant selected that she previously elected RCSBP coverage Option B, provide a deferred survivor annuity that begins on the date the member would have attained the age 60, or on the day after the member’s death, whichever is later. The applicant did not name a beneficiary in Section X, Block 34, SBP Beneficiary Categories.

Regardless of any request by the member to do otherwise, when all requirements for the 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 Air Force evaluation to the applicant on 19 May 2020 for comment (Exhibit D), but has received no response.
FINDINGS AND CONCLUSION
1.	The application was not timely filed; however it is in the interest of justice to excuse the delay.
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.
1.	
RECOMMENDATION
The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to reflect that:

a.	She 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 her spouse concurred with her decision.
b.		She be authorized full reimbursement of all SBP premiums withheld from her 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-2020-00844 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 7 February 2020.
Exhibit B: Documentary evidence, including relevant excerpts from official records. Exhibit C: Advisory opinion, AFPC/DP3SP, dated 29 April 2020.
Exhibit D: Notification of advisory, SAF/MRBC to applicant, dated 19 May 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.