RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-01496

XXXXXXXXXXXXX	COUNSEL:  NONE
	
 	HEARING REQUESTED:  NO 

APPLICANT’S REQUEST

His election of benefits under the Reserve Component Survivor Benefit Plan (RCSBP) be changed.  Specifically, to convert child only coverage to spouse only coverage.

APPLICANT’S CONTENTIONS

He did not make the current election, it was imposed.  He received his notification of eligibility for retired pay in 2003; however, he never received the RCSBP information package as stated in the letter.  When he was married in June 2015, he was unaware that he was required to submit a change within one year, as he never received the RCSBP package or made an initial election.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force master sergeant (E-7).

On 31 July 2003, ARPC/DPTT sent the applicant the standard notification of eligibility (NOE) for retired pay (20-year letter) informing him that he has 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, he 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 1 April 2009, according to Reserve Order EK-XXXX, dated 1 October 2008, the applicant was assigned to the Retired Reserve Section and placed on the Air Force Reserve Retired List.  

On 27 June 2015, according to a Certificate of Marriage, provided by the applicant, he married his current spouse.

On 16 September 2020, according to DD Form 2656, Data for Payment of Retired Personnel, the applicant elected Option A, Previously declined to make an election until eligible to receive retired pay, and Option C, I elect coverage for spouse only.  
 
On 9 November 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.  The RCSBP extends eligibility of 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 a 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.

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 with 10 U.S.C. § 12731. A service member or retiree may not revoke their decision to participate in RCSBP if not revoked before the date which is 90 days after receipt of notification of eligibility.

The applicant’s current election reflects Option C, Provide an immediate survivor annuity beginning on the day after death for child only.  ARPC was able to verify that the applicant was never officially notified to make an RCSBP election within 90 days of his 20 year satisfactory service date.  The applicant’s personnel record does not include the PS Form 3811, Domestic Return Receipt, DD Form 2656-5, Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate, DD Form 2656 and/or ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, that supports the current election.

On 16 September 2020, in preparation for commencement of retired pay, the applicant completed DD Form 2656 in conjunction with his retirement application. The applicant elected SBP coverage Option C, I elect coverage for spouse only.  

Based on the evidence presented and analysis of service records, there is evidence of an error on the part of the Air Force.  The applicant was never officially notified to make an RCSBP election within 90 days of his 20 year satisfactory service date.  In accordance with 10 U.S.C. § 1454, 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 NOE or within one year of the date of entitlement to receive retired pay. 

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 3 November 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. He elected Option A, Previously declined to make an election until eligible to receive retired pay, for his Reserve Component Survivor Benefit Plan (RCSBP) within 90 days of his Notification of Eligibility.
	
	b. He made a timely election for Option C, I elect coverage for spouse only, effective             9 November 2020.

	c. Coverage shall be contingent upon collection of all SBP premiums.

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-2021-01496 in Executive Session on 20 January 2022:

, 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 16 March 2021.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Advisory, ARPC/DPTT, dated 2 November 2021.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 3 November 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.