RECORD OF PROCEEDINGS
IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01817
XXXXXXXXXXXXX	COUNSEL:  NONE
HEARING REQUESTED: NO

APPLICANT’S REQUEST
She be disenrolled from the Survivor Benefit Plan (SBP) and be reimbursed all SBP payments deducted from her retirement pay.
APPLICANT’S CONTENTIONS
She was never informed to make a Reserve Component SBP (RCSBP) election within 90 days of her 20 year satisfactory service date.
The applicant’s complete submission is at Exhibit A.
STATEMENT OF FACTS
The applicant is a retired Air Force Reserve lieutenant colonel (O-5).
According to the documentation provided by the applicant and analysis of the facts, the following information is provided:

On 23 October 2019, according to Special Order P-001279, dated 21 November 2019, the applicant was transferred to the United States Air Force Reserve Retired List.

On 30 August 2019, according to DD Form 2656, Data for Payment of Retired Personnel, the applicant declined to make an election to participate in SBP. On this same date, her spouse concurred with the SBP election.

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. The RCSBP extends SBP eligibility 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. After 1 January 2001, a member is an automatic participant in the RCSBP, unless the member elects to not participate or to defer the decision or delay coverage before the end of the 90-day period.

The applicant was never officially notified to make an RCSBP election within 90 days of her    20 years of satisfactory service date. In addition, the date and time of the applicant’s retrieval section, of the Notification Eligibility Retirement Pay is blank, which supports the absence of notification to make an election. Due to the applicant not being notified to make an election, her initial 90-day election period expired without action. Therefore, the applicant’s Military Personnel Data System record was erroneously updated on 21 November 2011, 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 3 September 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 APPLICANT be corrected to show:

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-2020-01817 in Executive Session on 28 January 2021:

, 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 March 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.