RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2020-01789

	COUNSEL:  NONE

	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

His election of benefits under the Reserve Component Survivor Benefit Plan (RCSBP) be changed.  Specifically, to convert spouse and child coverage to spouse only coverage.

APPLICANT’S CONTENTIONS

In 1999, he was not properly briefed or provided an explanation on the actual cost or how RCSBP worked.  He began paying premiums at age 60 and will have continue to pay premiums for 30 years.  This is costly for an individual on a limited income.  He would like to continue  payments for his wife’s RCSBP but stop the child payment.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Reserve senior master sergeant (E-8).

On 26 May 1999, ARPC/DPPRRB 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.

On 18 August 1999, the applicant filed his RCSBP form and elected Immediate Annuity for spouse and children based on full retired pay.

On 15 July 2017, the applicant filed his DD Form 2656, Data for Payment of Retired Personnel, and elected spouse only coverage based on full retired pay.

On 10 February 2018, the applicant retired.

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.  There is no evidence of an error or injustice.  The applicant was sent a certified letter of his eligibility for RCSBP and an explanation of the program and guidance on making elections.  Furthermore, the applicant returned the ARPC Form 123 with his desired election within the 90-day timeframe prescribed by law, electing Option C, provide an immediate survivor annuity beginning on the day after the member’s death for spouse and children.  Finally, per Title 10, U.S.C, 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.

RCSBP extends eligibility, of the Survivor Benefit Plan to Reserve Component members, who would otherwise be eligible to receive retired pay, except they have not yet reached retirement age.  RCSBP allows members to provide an annuity, based on their retired pay, to qualified survivors, upon the death of the member.  Members of the Air Force Reserve and Air National Guard are sent a certified letter of their eligibility for RCSBP and an explanation of the program and guidance on making elections.

The SBP Premium consists of a Standard Premium and Reserve Component Premium.  The Standard Premium is the reduction in retired pay made to provide coverage for the period after a member becomes entitled to retired pay.  The Reserve Component premium is the reduction in retired pay made for the RCSBP coverage that was already provided while the member awaited the requisite age of entitlement to retired pay.  The Reserve Component Premium deductions will be made from the applicant’s retired pay until the first day of the month, following the month in which the member has retired pay reduced for a total of 360 months.  Premium deductions will be suspended if the applicant’s spouse loses eligibility due to death, divorce, or annulment.  As long as one of the children for whom RCSBP coverage was provided is still living, premium deductions will be made until the member has retired pay reduced for a total of 360 months.  The child only deductions are made even after the child (ren)’s eligibility is lost due to age or marriage.  

Lastly, the applicant may request to discontinue his SBP participation during the 1-year period beginning on the second anniversary of the date of commencement of retired pay.  An SBP participant who is eligible to discontinue participation must send a written request to the Defense Finance and Accounting Services (DFAS) on a DD Form 2656-2.  Participation terminates on the first day of the month following the month in which DFAS receives a request for discontinuance.

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 3 September 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.  Furthermore, as noted by ARPC/DPTT, the applicant may request to discontinue his Survivor Benefit Plan participation during the 1-year period beginning on the second anniversary of the date of commencement of retired pay.  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-2020-01789 in Executive Session on 17 December 2020:

, 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 8 May 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, dated 10 August 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 3 September 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.