RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00964

XXXXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Her Reserve Component Survivor Benefit Plan (RCSBP) be corrected to reflect that she elected not to participate in the Survivor Benefit Plan (SBP) and any premiums paid be refunded.

APPLICANT’S CONTENTIONS

She did not receive a Reserve Component Survivor Benefit plan election certificate on or after her 20-year satisfactory service date and the Air Reserve Personnel Center (ARPC) does not have proof that the form was ever sent to her.  On her DD Form 2656, Data for Payment of Retired Personnel, she elected not to participate in any RCSBP coverage.  The Defense Finance and Accounting Service (DFAS) has been deducting SBP costs from her retired pay, to include SBP costs going back to 2004.  She contacted DFAS several times in an effort to correct this error; however, DFAS has not been able to rectify the matter.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Reserve master sergeant (E-7).

On 26 Feb 04, according to Reserve Order EK-3390, dated 8 Mar 04, the applicant was assigned to the Retired Reserve List, awaiting retired pay at age 60 years.

On 12 Apr 05, 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 23 May 18, the applicant completed DD Form 2656, Data for Payment of Retired Personnel, and elected not to participate in SBP.  The applicant’s spouse concurred on 5 Jun 18.

On 13 Aug 18, according to Reserve Order EL-0390, dated 8 Nov 18, the applicant was authorized retired pay and placed on the Air Force Retired List.

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.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice.  Due to the lack of evidence in the applicant’s records reflecting election made or non-response notification, ARPC/DPTT has determined that the applicant’s Military Personnel Data System (MilPDS) record was erroneously updated on 5 Nov 06 to reflect Option C, provide an immediate survivor annuity beginning on the day after death of spouse.

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 25 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 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. 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 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-2020-00964 in Executive Session on 24 Sep 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 9 Dec 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, dated 28 Apr 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, mailed on 25 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.