RECORD OF PROCEEDINGS
IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02600
XXXXXXXXXXXXXX	COUNSEL: NONE
HEARING REQUESTED: NO
APPLICANT’S REQUEST
His election of benefits under the Reserve Component Survivor Benefit Plan (RCSBP) be corrected to reflect he did not elect to participate.
APPLICANT’S CONTENTIONS
He clearly and unequivocally indicated his preference to not participate in SBP, but was enrolled in error without regard to, and contrary to, the elections made on the DD Form 2656, Data for Payment of Retired Personnel.
The applicant’s complete submission is at Exhibit A.
STATEMENT OF FACTS
The applicant is a retired Air National Guard colonel (O-6) awaiting retired pay at age 60.
According to the documentation provided by the applicant and analysis of the facts, the following information is provided:

On 8 August 2006, according to PS Form 3811, Domestic Return Receipt, the applicant received notification of RCSBP eligibility and election materials. However, due to non-response, (within 90 days prescribed by law) the applicant was automatically enrolled in Option C, Provide an immediate survivor annuity beginning on the day after death for spouse and child, effective 8 November 2006.

Per Special Order P-012643, dated 14 May 2016, the applicant was relieved from assignment with the Oregon ANG (OR ANG) and honorably discharged from the OR ANG, effective 31 March 2016 and transferred to the Air Force Reserve (AFR) and assigned to Headquarters Air Reserve Personnel Center (HQ ARPC), effective 1 April 2016.

Per Reserve Order EL-5650, dated 27 August 2019, the applicant was authorized retired pay in accordance with Title 10, U.S.C., Section 12731 and placed on the AF Retired List, effective 7 July 2019. He was credited with 33 years, 7 months and 12 days service for basic pay.

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, indicating there is no evidence of an error or injustice.

Prior to 1 January 2001, a member was only enrolled when they elected to do so within 90 days of  acknowledging receipt of the PS 3811, Domestic Return Receipt. The applicant completed 20 satisfactory years on 10 March 2006, and received notification of RCSBP eligibility and election materials on 8 August 2006. The applicant did not return the documentation with his desired election within the 90-day timeframe prescribed by law and is therefore ineligible to change his election. He was automatically enrolled based on his eligible beneficiaries, which resulted in Option C, Provide an immediate survivor annuity beginning on the day after death for spouse and child, effective 8 November 2006.

The applicant must pay for the Reserve Component cost in addition to the SBP premium cost. The Reserve Component cost is the amount currently taken from applicant’s retired pay, used to pay for the premiums incurred prior to his 60th birthday, during the time when his spouse was covered under RCSBP, but was not paying premiums for the coverage.

In accordance with Title 10, U.S.C, subsection 1448(b)(1)(D), discontinuance of SBP protection is voluntary, there will be no refund of premiums, no benefits will be paid in conjunction with previous participation, and the applicant may not resume participation of any category of beneficiary. To refund the premiums for coverage provided prior to applicant’s 60th birthday would be contrary to law. The applicant is responsible for paying for the coverage he had from the date of election (8 November 2006), until the date the cancellation request (7 July 2019) is accepted by the Defense Finance and Accounting Service (DFAS).
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 February 2021 for comment (Exhibit D), but has received no response.
ADDITIONAL AIR FORCE EVALUATION
On 15 March 2021, the Board staff requested ARPC/DPTT review their previous advisory, as it failed to address the fact the applicant erroneously marked block 33, Reserve Component Only, when he applied for retired pay.

In a memorandum dated 18 March 2021, ARPC/DPTT still recommends denial, indicating the applicant erroneously selected he previously elected RCSBP coverage Option A, Previously declined to make an election until eligible to receive retired pay in block 33 of the DD Form 2656-
10. Service members that previously elected coverage within 90 days of being notified of their eligibility for a non-regular retirement are not eligible to make a new election when they apply for retired pay. The applicant must indicate their previous election in block 33, Option C, Provide an immediate survivor annuity beginning on the day after death for a spouse and child.
The complete advisory opinion is at Exhibit E.
APPLICANT REVIEW OF ADDITIONAL AIR FORCE EVALUATION
The Board sent a copy of the additional advisory opinion to the applicant on 19 March 2021 for comment (Exhibit F), but has received no response.
FINDINGS AND CONCLUSION
1.	The application was not timely filed, but it is in the interest of justice to excuse the delay.
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 substantiates the applicant’s contentions. 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-2020-02600 in Executive Session on 30 March 21 and 4 May 2021:
, 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 April 2020.
Exhibit B: Documentary Evidence, including relevant excerpts from official records. Exhibit C: Advisory, ARPC/DPTT, dated 9 February 2021.
Exhibit D: Notification of Advisory, SAF/MRBC to Applicant, dated 12 February 2021. Exhibit E: Advisory opinion, ARPC/DPTT, dated 18 March 2021.
Exhibit F: Notification of Advisory, SAF/MRBC to applicant, dated 19 March 2021.

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.