RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-01478

XXXXXXXXXXXXXXXXX	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 retirement pay. 

APPLICANT’S CONTENTIONS

Due to an administrative error, she was never notified to make a Reserve Component SBP (RCSBP) election.    

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force technical sergeant (E-6).

On 1 June 2019, according to Special Order P-XXXXXX, dated 20 June 2019, the applicant was transferred to the United States Air Force Reserve Retired List.

On 24 June 2020, according to ARPC Form 83, Application for Retired Pay, the applicant applied for retired pay under the provisions of Title 10 U.S.C., Section 12731, to be effective 5 April 2020

On 24 June 2020, according to DD Form 2656, Data for Payment of Retired Personnel, the applicant elected Option G, I elect not to participate in SBP, and her spouse concurred with the decision.  

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.  SBP is administered pursuant to Title United States Code (10 U.S.C.), Subchapter II, Chapter 73.  SBP pays a monthly benefit to designated survivors of an eligible service member or retiree.  SBP, and the associated RCSBP, allow service members and retirees to ensure their designated beneficiaries continue to receive an annuity in place of their retired pay after their death.  All Reserve Component service members who are eligible to participate in RCSBP, but who fail to make an election in the prescribed time will, by law, automatically have full, immediate RCSBP coverage for their dependent spouse and/or children. The prescribed time limit for RCSBP election is before the end of the 90th day after the service member receives notification of having completed the years of service to be eligible for non-regular retirement in accordance 10 U.S.C. § 12731.

On 29 December 2018, the applicant completed 20 satisfactory years of service; however, due to an administrative error on the part of the Air Force, the applicant’s notification for RCSBP eligibility was never received. Our research concluded that the original notification of eligibility letter was most likely returned undeliverable by the U.S. Postal Service. Additionally, the applicant’s claim that she did not receive notification of eligibility is supported by the fact that she did not access the Notification Eligibility for Retired Pay Application to make an RCSBP election.

On 28 May 2020, the applicant submitted her application for retired pay.  The ARPC Retirements Branch instructed the applicant to complete DD Form 2656 as part of the retirement application process.  The applicant contacted ARPC Benefits and Entitlements on 29 May 2020 and requested assistance completing the RCSBP portion of the DD Form 2656, Section X – Survivor Benefit Plan (SBP) Election, block 33.  After a review of the record, they determined she had not been officially notified to make an RCSBP election. On 19 June 2020, ARPC provided the applicant with an election form and program information with a 90 day suspense, as required by law, to make an RCSBP election.  On 24 June 2020, the applicant returned DD Form 2656-5, Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate, electing Option A, I decline to make an election until age 60, with spousal concurrence.  On that same date, in preparation for commencement of retired pay, the applicant completed DD Form 2656.  The applicant, with spouse concurrence, elected not to participate in SBP.  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.  

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 27 September 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. On 6 April 2020, 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-2021-01478 in Executive Session on 2 December 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 11 January 2021.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Advisory, ARPC/DPTS, w/atchs, dated 27 September 2021.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 28 September 	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.