RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02517

XXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING REQUESTED: YES 

APPLICANT’S REQUEST

His election of benefits under the Reserve Component Survivor Benefit Plan (RCSBP) show he declined participation in the RCSBP.  

APPLICANT’S CONTENTIONS

In 2006, he elected Option A – Declined to make an election until age 60.  The Air Force Reserve made an automatic election of Option C – Immediate annuity upon death.

He contacted the Total Force Service Center (TFSC) on 5 Jun 20 since the Defense Finance and Accounting Service (DFAS) started to deduct for the cost of RCSBP premiums from his retired pay.  The TFSC advised he did not make an election and therefore an automatic election was made for him.  He was advised to submit a BCMR application.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force master sergeant (E-7).  On 28 Mar 10 he was placed on the Retired Reserve List and retired effective 18 Mar 20.  

PS 3811, Domestic Return Receipt, date illegible, shows the applicant received and signed for the RCSBP information

DD Form 2656, Data for Payment of Retired Personnel, Part III Survivor Benefit Plan, dated 11 Mar 20 shows the applicant elected Option A – Previously declined to make an election until eligible to receive retired pay for the RCSBP and he elected not to participate in SBP, with his spouse’s concurrence.  

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

APPLICABLE AUTHORITY

 “Any member who is notified of his or her completion of the years of service required for retired pay eligibility for non-regular retirement may elect to participate in RCSBP before the end of the 90-day period. A member who is married or has a dependent child, and who receives notice of eligibility for retired pay, after January 1, 2001, is automatically an immediate participant in RCSBP unless the member elects (with spousal concurrence, if required) not to participate or to defer the decision or delay coverage before the end of the 90-day period.”  DoD 7000.14-R, Volume 7B, paragraph 540401.

“Participants in the plan.-The Plan applies to the following persons, who shall be participants in the Plan: … Standard annuity participants.-A person who is eligible to participate in the Plan under paragraph (1)(A) and who is married or has a dependent child when he becomes entitled to retired pay, unless he elects (with his spouse’s concurrence, if required under paragraph (3)) not to participate in the Plan before the first day for which he is eligible for that pay.”  10 U.S.C. §1448(a)(2)(A).

 “An election is irrevocable, except … A member may voluntarily discontinue SBP participation during the 1-year period beginning on the second anniversary of the date of commencement of retired pay ….”  DoD 7000.14-R, Volume 7B, paragraph 430401(B).
 
AIR FORCE EVALUATION

ARPC/DPTT recommends denial.  The applicant was sent a certified letter of his eligibility for RCSBP and an explanation of the program cost and guidance on making elections.  The applicant did not return the documentation with his desired election within the 90-day timeframe prescribed by law and is ineligible to change his election.  In accordance with 10 U.S.C. § 1448(b)(1)(D), discontinuance of SBP protection is voluntary; however, there will be no refund for premiums, no benefits will be paid in conjunction with previous participation and the applicant may not resume participation for any category of beneficiary.  To refund the premiums for coverage provided prior to his 60th birthday would be contrary to law.  

He must now pay for the RCSBP in addition to the SBP premium.  The applicant will have premiums withheld from his retired pay account each month until he has paid for the coverage provided from the date of election until he turned age 60.  To refund the premiums for coverage provided would be contrary to law.  He is responsible for paying for the coverage he had from the date of election until the date of the cancelation request acceptance by DFAS.  The complete advisory opinion is at Exhibit C.  

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 12 Feb 21 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.  The Board notes the applicant signed the PS3811 acknowledging receipt of the notice of eligibility for the RCSBP and failed to make a timely election to decline the plan within the 90-day timeframe as required by law.  Accordingly, he was automatically enrolled in the RCSBP as required.  Therefore, the Board recommends against correcting the applicant’s records.

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 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-2020-02517 in Executive Session on 22 Apr 21:

 , 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 10 Jun 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, dated 9 Feb 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 12 Feb 21.

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.