RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-02288

XXXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO 

APPLICANT’S REQUEST

His election of benefits under the Survivor Benefit Plan (SBP) be changed.  Specifically, to decline participation in the SBP.

APPLICANT’S CONTENTIONS

He was briefed that he could change his election up to one day prior to retiring, which he did, but evidently no one caught the mistake prior to the military retirement pay office receiving it.  He also provided the statement from myPers explaining how this mistake was made.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air National Guard chief master sergeant (E-9) in a retired pay status.

On 17 Oct 02, ARPC/DPPR sent the applicant the standard notification of eligibility for retired pay (20-year letter) informing him that he 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, he was eligible to participate in the Reserve Component SBP (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.  

On 30 Dec 02, according to ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, dated 30 Dec 02, the applicant elected Option C (Immediate Annuity for spouse only) based on full retired pay.

On 25 Sep 12, according to DD Form 2656-6, Survivor Benefit Plan Election Change Certificate, the applicant resumed existing coverage, based on full retired pay, for his new spouse.

On 29 Oct 19, according to DD Form 2656, Data for Payment of Retired Personnel, the applicant elected Option C (Previously elected or defaulted to immediate RCSBP Coverage).  
 
On 11 Dec 19, according to Special Order Number XXXXX, the applicant was authorized retired pay and placed on the USAF Retired List, effective 1 Oct 20.
 
On 18 Aug 20, according to DD Form 2656-6, the applicant suspended coverage.

On 30 Sep 20, the applicant was furnished an honorable discharge, with Narrative Reason:  Sufficient Service for Retirement, and credited with 21 years, 2 months, 11 days active service.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.
 
AIR FORCE EVALUATION

AFPC/DPFFF recommends granting the application.  To preclude an injustice, they recommend the applicant’s record be corrected to show he declined SBP coverage, and his spouse concurred in his election, prior to his retirement date.  The applicant, an Air National Guard service member retiring from active duty, was married and attended the required SBP Briefing on 29 Oct 19.  During the briefing, the applicant elected Spouse Only SBP coverage, based on full retired pay, using the DD Form 2656.  In accordance with the law, the applicant was advised the election could be changed any time prior to his 1 Oct 20 retirement date.  On 18 Aug 20, he opted to decline the program and instead of seeking assistance from a trained SBP Counselor to complete another DD Form 2656, he erroneously completed a DD Form 2656-6.  The Defense Finance and Accounting Service established full Spouse coverage based on the original DD Form 2656.  

Additionally, it was later discovered that the incorrect component and election was marked on the original DD Form 2656.  When an Air Force Reserve or Air National Guard service member applies for active duty retirement, Part 1, Item 7a. Active Component, should be selected.  The applicant has been trying since retirement to have his request to decline SBP effected.  His spouse provided a concurrence statement, in which she acknowledged the permanent termination of her entitlement to future SBP protection and payments if relief is granted.

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 1 Dec 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 AFPC/DPFFF and finds a preponderance of the evidence substantiates the applicant’s contentions.  The applicant elected to terminate his participation in SBP prior to his retirement date.  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 to suspend Survivor Benefit Plan (SBP) coverage prior to his 1 October 2020 retirement date and his spouse concurred with the decision.
	
	b. He be authorized full reimbursement of all SBP premiums withheld from his 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-2021-02288 in Executive Session on 17 Feb 22:

, 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 5 Jul 21.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Advisory, AFPC/DPFFF, dated 23 Nov 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 1 Dec 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.