RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-01944

XXXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

Her election of benefits under the Reserve Component Survivor Benefit Plan (RCSBP) be changed.  Specifically, to decline participation in the RCSBP.

APPLICANT’S CONTENTIONS

She was involuntarily enrolled in the RCSBP when she reached her 20-year time in service date and was not briefed by her Military Personnel Flight that she was required to make a decision within 90 days of receiving her 20-year letter.  In her retirement briefing, she was counseled by the facilitator to submit a notarized DD Form 2565 [sic] to cancel enrollment when she entered her second year of retirement.  She did that on 14 Dec 17.

She discovered the form she submitted on 14 Dec 17 was not processed when she applied for retirement in Oct 20.  At that time, she was informed by the Air Reserve Personnel Center (ARPC) to complete and mail the notarized form again.  She did that on 4 Oct 20.  

Once her retirement pay started in Feb 21, she noticed the RCSBP payment was being deducted.  She attempted to have this corrected by ARPC, who could not adjust her record because she is in a retired pay status.  She attempted to have it corrected by the Defense Finance and Accounting Service (DFAS), who found errors in how she completed the form, but could not make changes to her record without an action generated by ARPC.

Had ARPC indicated there were discrepancies in her form selections, she could have corrected the form prior to it being sent with her retirement package to DFAS.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air National Guard master sergeant (E-7) receiving retired pay.

On 1 Jan 17, according to Reserve Order XXXXX, dated 19 Aug 16, the applicant was assigned to the Retired Reserve Section and placed on the Air Force Reserve Retired List.  

On 22 Sep 20, 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 received retired pay.  
 
For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY

10 U.S.C. § 1448(a)(2)(B).  “Participants in the plan.  The Plan applies to the following persons, who shall be participants in the Plan: … Reserve-component annuity participants.  A person who (i) is eligible to participate in the Plan under paragraph (1)(B), and (ii) is married or has a dependent child when he is notified under section 12731(d) of this title that he has completed the years of service required for eligibility for reserve component retired pay, unless the person elects (with his spouse's concurrence, if required under paragraph (3)) not to participate in the Plan before the end of the 90-day period beginning on the date on which he receives that notification.”  

DoD 7000.14-R, Financial Management Regulation, Vol 7B, Chapter 540401. “Any member who is notified of his or her completion of the years of service required for retired pay eligibility for non-regular retirement may elect to participate in RCSBP before the end of the 90-day period. A member who is married or has a dependent child, and who receives notice of eligibility for retired pay, after January 1, 2001, is automatically an immediate participant in RCSBP unless the member elects (with spousal concurrence, if required) not to participate or to defer the decision or delay coverage before the end of the 90-day period.” 

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. The applicant’s current election reflects Option C, (Provide an immediate survivor annuity beginning on the day after death for spouse), effective 23 Oct 15.  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.  The applicant’s personnel record does not include PS Form 3811, Certified Mail Receipt, DD Form 2656, DD Form 2656-5, RCSBP Election Certificate, and/or ARPC Form 123, RCSBP Election Certificate, which supports the current election.  Additionally, they verified the date and time in the member retrieval section of the Notification Eligibility Retirement Pay Application is blank, which supports the absence of notification to make an election.

On 22 Sep 20, in preparation for commencement of retired pay, the applicant completed DD Form 2656, in conjunction with her retirement application.  The applicant erroneously selected that she previously elected RCSBP coverage Option A in Block 33 of the DD Form 2656.  When a service member acknowledges their RCSBP election in Section X, Block 33, then Blocks 34 and 35, which are used to make an SBP election when there is no previous RCSBP election on file, are hidden from view.

The errors the applicant made on the DD Form 2656, submitted on 22 Sep 20, should have been found during the audit and returned by Headquarters, ARPC, Retirements Branch, for correction of administrative errors.

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 20 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.

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 Survivor Benefit Plan 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-2021-01944 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 21 May 21.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Advisory, ARPC/DPTT, dated 14 Jul 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 20 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.