RECORD OF PROCEEDINGS
IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02281
XXXXXXXXXXXXXX	COUNSEL: NONE
HEARING REQUESTED: YES

APPLICANT’S REQUEST
He be disenrolled from the Survivor Benefit Plan (SBP) and be reimbursed all SBP payments deducted from his retired pay.
APPLICANT’S CONTENTIONS
He was never informed to make a Reserve Component SBP (RCSBP) election within 90 days of his 20-year satisfactory service date.
The applicant’s complete submission is at Exhibit A.
STATEMENT OF FACTS
The applicant is a retired Air Force master sergeant (E-7).
On 21 June 2019, according to DD Form 2656, Data for Payment of Retired Personnel, the applicant declined to make an election to participate in SBP. On 24 June 2019, his spouse concurred with the SBP election.

On 1 February 2020, according to Reserve Order EL-0169, dated 4 October 2019, the applicant was placed on the USAF Retired List and authorized retired pay.
For more information, see the excerpt of the 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 his    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, his initial 90-day election period expired without action. Therefore, the applicant’s Military Personnel Data System record was erroneously updated on 16 December 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 20 October 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 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.

4.	The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.
RECOMMENDATION
The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show:

a.	He elected Option A, Previously declined to make an election until eligible receive retired pay, for his Reserve Component Survivor Benefit Plan within 90 days of his Notice of Eligibility and his spouse concurred with his decision.

b.	He be authorized full reimbursement of all Survivor Benefit Plan premiums withheld from his 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-2020-02281 in Executive Session on 25 February 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 22 April 2020.
Exhibit B: Documentary evidence, including relevant excerpts from official records. Exhibit C: Advisory opinion, ARPC/DPTT, w/atchs, dated 6 October 2020.
Exhibit D: Notification of advisory, SAF/MRBC to applicant, dated 20 October 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.