RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00874

XXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES 

APPLICANT’S REQUEST

Her records be corrected to reflect she elected not to participate in the Reserve Component Survivor Benefit Plan (RCSBP).

APPLICANT’S CONTENTIONS

She erroneously elected RCSBP coverage Option C, Previously elected or defaulted to immediate RCSBP coverage, when completing DD Form 2656, Data for Payment of Retired Personnel, in preparation for retirement.  She had planned to attend retirement briefings in the spring of 2020, but due to COVID, the briefings were canceled, and she was unable receive information on the Survivor Benefit Plan (SBP), resulting in her erroneous election of RCSBP coverage.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 10 Mar 20, in conjunction with her retirement application, the applicant completed DD Form 2656 erroneously electing RCSBP coverage Option C.  

On 30 Aug 20, per Reserve Order XXXXX, dated 27 Aug 20, the applicant was retired, and effective the date retired, authorized retired pay per Title 10, U.S.C., Section 12731, and placed on the USAF Retired List.  

According to documents submitted by the applicant:

On 20 Oct 20, the Defense Finance and Accounting Service (DFAS) provided a retired pay summary reflecting the applicant elected RCSBP on 19 Sep 14, became effective 30 Aug 20, and charges ($370.41 per month) commenced on 1 Sep 20.  

On 27 Oct 20, she submitted DD Form 2656-2, Survivor Benefit Plan (SBP) Termination Request, with concurrence of her spouse, to DFAS.

On 4 Dec 20, DFAS advised her Congressman, if she wanted to change her SBP selection prior to her 25th and 36th month of retirement, she may request an Administrative Correction from the Air Force during her first year of retirement.  

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.  Based on the evidence presented, and analysis of service records there is evidence of an error on part of the Air Force.  They were able to verify the applicant was never officially notified to make an RCSBP election within 90 days of her 20-year satisfactory service date.  Her personnel record does not include the PS Form 3811, Certified Mail Receipt, DD Form 2656-5, DD Form 2656 and/or ARPC 123 that supports current election.  Additionally, they verified the date and time of the Notification Eligibility Retirement Pay Application (NERP) is blank, which supports the absence of notification to make an election.  Finally, the errors that the applicant made on the DD Form 2656, submitted on 10 Mar 20, should have been found during the audit and returned by Headquarters Air Reserve Personnel Center, Retirements Branch for correction of administrative errors.  

In accordance with Section 1454 of Title 10, U.S.C., a retiree who believes they were erroneously enrolled in the SBP or RCSBP may request correction of coverage within one year following the date of his or her retirement or, in the case of non-regular retirees, within one year of the end of the 90 day period that followed notice of entitlement (NOE) or within one year of the date of entitlement to receive retired pay. The retiree must provide detailed justification for the correction in writing to the Secretary concerned. If it is proper to disenroll the participant from SBP, the applicable refund will be processed, if not otherwise prohibited by law. Such errors must be administrative in nature and not as a result of neglect by the participant.

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 15 Jul 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.

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 that:

	a. She elected Option A, Previously declined to make an election until eligible to receive retired pay, for her Reserve Component Survivor Benefit Plan (RCSBP) within 90 days of her Notification of Eligibility and her spouse concurred with the decision. 

	b. On 31 Aug 20, she elected not to participate in the Survivor Benefit Plan (SBP) pursuant to Title 10 United States Code, Section 1454, and competent authority approved her request.
	
	c. 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-2021-00874 in Executive Session on 28 Oct 21:

, 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 7 Dec 20.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Advisory, ARPC/DPTS, dated 9 Jul 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 15 Jul 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.