RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2020-02104

XXXXXXXXX	COUNSEL:  NONE

	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

Her election of benefits under the Reserve Component Survivor Benefit Plan (RCSBP) be changed.  Specifically, to decline participation in the RCSBP.

APPLICANT’S CONTENTIONS

She was never notified of her eligibility to make an RCSBP election and was automatically enrolled in RCSBP due to an administrative error.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force colonel (O-6).

On 13 May 2020, according to DD Form 2656, Data for Payment of Retired Personnel, the applicant elected Option G (I elect not to participate in SBP) and her spouse concurred with the decision.

On 1 July 2020, per Reserve Order EL-3864, dated 21 April 2020, the applicant was authorized retired pay and placed on the Air Force Retired List.

For more information, see the excerpt of the applicant’s / deceased service member’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

ARPC/DPTT recommends granting the application.  The RCSBP extends eligibility, to the Survivor Benefit Plan (SBP), 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.

ARPC/DPTT verified that the applicant was never officially notified to make a RCSBP election within 90 days of her 20-year satisfactory service date, 14 September 2011.  The applicant’s personnel record does not include the PS Form 3811, Domestic Return Receipt, DD Form 2656-6, Survivor Benefit Plan Election Change Certificate, DD Form 2656, and/or ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, that supports the current election.  

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 9 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 the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/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:

a. She elected Option A (Declined to make an election until age 60) for her Reserve Component Survivor Benefit Plan (RCSBP) within 90 days of her Notification of Eligibility and her spouse concurred with the 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-2020-02104 in Executive Session on 17 December 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 13 May 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, dated 31 August 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 9 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.