RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-01339

XXXXXXXXXXXXXX	COUNSEL:  NONE
	
 	HEARING REQUESTED:  NO	

APPLICANT’S REQUEST

She be disenrolled from the Survivor Benefit Plan (SBP) and be reimbursed all SBP payments deducted from her retired pay.

APPLICANT’S CONTENTIONS

In November 2009, she submitted DD Form 2656-5, Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate, and elected Option A, declining to make an election until she was eligible to receive retired pay.  Option A is reflected in the Military Personnel Data System (MilPDS); however, page two of the DD Form 2656-5 reflecting her election is missing.  

In June 2020, she submitted DD Form 2656, Data for Payment of Retired Personnel, annotating she previously elected Option A, and elected not to participate in SBP.   In November 2020, she was shocked to discover SBP costs had been deducted from her retired pay.  When she inquired, she was advised that when an application was incomplete (missing a page), the Defense Finance and Accounting Service (DFAS) automatically applies full coverage.  However, her signed elections submitted in 2009 and 2020 and the MilPDS screenshot show she did not elect to participate in RCSBP.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 31 August 2009, ARPC/DPTT sent the applicant the standard notification of eligibility for retired pay (20-year letter) informing her that she had completed the required years under the provisions of Title 10 United States Code, Section 12731 (10 U.S.C § 12731), and entitled to retired pay upon application prior to age 60.  In addition, she was eligible to participate in the RCSBP and should receive detailed RCSBP information by certified mail within 60 days.  The RCSBP information included instructions to reply within 90 days of receipt.  The letter included an attachment with information on RCSBP and instructions to reply within 90 days of receipt.  

On 21 November 2009, the applicant signed DD Form 2656-5, Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate, (page two of the DD Form 2656-5, reflecting the applicant’s election is absent).  On 24 November 2009, her spouse concurred with the decision.  

On 5 June 2020, according to DD Form 2656 the applicant elected Option A, Previously declined to make an election until eligible to receive retired pay, and Option G, I elect not to participate in SBP, and her spouse concurred with the decision.
 
On 7 October 2020, according to Reserve Order XXXXX, dated 13 August 2020, the applicant was authorized retired pay and placed on the USAF Retired List.

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.  RCSBP extends eligibility of the 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.

On 1 June 2009, the applicant completed the required years of service to be eligible for non-regular retirement in accordance with Title 10 U.S.C., Section 12731, and on 31 August 2009, the applicant received notification of RCSBP eligibility and election materials.   The applicant returned the documentation with the desired election within the 90-day timeframe prescribed by law.  However, the applicant’s election in MilPDS was erroneously updated to reflect Option A, I decline to make an election until age 60, for spouse and children, effective 21 November 2009.  A service member cannot decline coverage and name a beneficiary at the same time.  Additionally, the applicant’s DD Form 2656-5 is missing page two, the page that contains the election options.  The applicant’s spouse completed Section IX-Spouse Concurrence on page three of the DD Form 2656-5 on file.  Spousal concurrence is required if the member declines coverage, elects deferred coverage, elects coverage for spouse at less than the maximum level, or elects coverage for a dependent child but not for the spouse.

In preparation for commencement of retired pay on 5 June 2020, the applicant completed DD Form 2656 in conjunction with her retirement application.  The applicant, with spouse concurrence, elected not to participate in SBP.  Administrative errors were made during the handling of the applicant’s initial RCSBP election.  Due to the administrative errors, full spouse costs and coverage were implemented by 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 6 October 2021 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 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. 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-2021-01339 in Executive Session on 28 October 2021 and 7 November 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 4 February 2021.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Advisory, ARPC/DPTS, dated 9 July 2021.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 6 October 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.