RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-03237

	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Her record be corrected to change her election of benefits under the Reserve Component Survivor Benefit Plan (RCSBP).  Specifically, the election be corrected to reflect Option A, Decline to make an election until age 60.

APPLICANT’S CONTENTIONS

She was not married nor had dependents at the time of her 20-year notification of eligibility; therefore, she did not respond within the 90-day time-frame believing she would automatically be enrolled in a no coverage option, as stated in the notification letter.  However, due to a Military Personnel Data System (MilPDS) system error and administrative oversight, her election was automatically updated with option A, but she received no notification.  In Mar 20, she applied for retired pay and completed DD Form 2656, Data for Payment of Retired Personnel, indicating that she had previously elected option C, believing it was the same option as her initial election in 2000.  This blocked out all other available options including the option to decline coverage.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force senior master sergeant (E-8).

On 1 May 00, ARPC/DPPRA sent the applicant a notification of eligibility for retired pay (20-year letter) and indicated detailed information on RCSBP should be received by certified mail within 30 days.

On 19 Oct 02, the applicant and her spouse were married.

On 10 Mar 20, according to DD Form 2656, provided by the applicant, she elected option C, Previously elected or defaulted to immediate RCSBP Coverage, in block 33.

On 20 Aug 20, according to Reserve Order EL-4161, dated 4 May 20, the applicant was placed on the USAF Retired List.

The applicant provided a notarized letter from her spouse, dated 30 Sep 20, relinquishing RCSBP benefits.

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  The DD Form 2656 submitted by the applicant on 30 Mar 20, should have been revoked by the ARPC Retirements Branch for correction of administrative errors in Section X, Blocks 33, 34, and 35.

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 Jan 01, 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 completed 20 satisfactory years on 26 Jan 00, and received a notification of eligibility letter on or around 5 Jun 00.  The applicant did not return an election form within the initial 90-day election period.  Therefore, on 3 Sep 00, the MilPDS updated the applicant’s record with an automatic non-response election of Option A, I decline to make an election until age 60, for spouse only, and maximum coverage applied.

In preparation for commencement of retired pay on 30 Mar 20, the applicant completed DD Form 2656 and erroneously selected that she previously elected RCSBP Option C in block 33.  However, the Retirements Branch should have revoked the DD Form 2656 due to the administrative errors in Section X, Blocks 33, 34, and 35.  Finally, the errors made by the applicant generated a debt for Reserve Component Premiums.  These premiums are incurred during the time a service member elects protection under RCSBP, but they are not billed until they begin receiving retired pay.
 
The applicant should be allowed the opportunity to make an election utilizing blocks 34 and 35 of the DD Form 2656.  Additionally, the applicant should be refunded any premiums paid for RCSBP coverage billed from 3 Sep 00 through 6 May 18.  

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 28 Jan 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 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 RCSBP within 90 days of her Notification of Eligibility.

b. She be authorized full reimbursement of all RCSBP premiums billed from 3 Sep 20 through 6 May 18.

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-2020-03237 in Executive Session on 25 Feb 21:

Panel Member
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 2 Oct 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, dated 17 Dec 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 28 Jan 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.