RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00472
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
Her Reserve Component Survivor Benefit Plan (RCSBP) election be
cancelled.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
When she was disability retired, even though she received the
forms she needed to fill out (Department of Defense Form
(DD Form) 2656, Reserve Component Survivor Benefit Plan), she
was never advised or briefed on how to fill out the documents;
or counseled on the benefits of SBP. During her out-processing,
she was never given information concerning the form or had a
clear understanding of her medical benefits and has been seeking
information about her benefits since retirement.
In support of her appeal, the applicant provides a personal
statement; a copy of a letter from the Air Force Reserve Command
(AFRC), dated 24 Nov 10, and other supporting documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was relieved from active duty, on 24 Nov 10, with
a compensable disability rating of 30 percent. She was credited
with 9 years, 3 months, and 26 days of service for retirement
and 22 years, 10 months, and 24 days of service for basic pay.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFRC/A1K recommends approval, stating, in part, given that the
Air Force authoritative source for SBP program (AFPC) is not on
record in regards to this matter; either for or against the
applicants assertion; therefore, they support the applicants
request.
The complete AFRC/A1K evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 16 Sep 11 for review and comment within
30 days (Exhibit D).
On 3 Nov 11, a letter requesting additional information (spousal
concurrence) from the applicant was forwarded (Exhibit E). The
applicant provided a notarized letter, signed by her current
spouse, concurring with her decision (Exhibit F).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice warranting
corrective action. Based on the available evidence of record,
it appears the applicant was automatically enrolled in SBP after
not returning the DD Form 2656 and formally electing not to
participate in the SBP. The applicant attributes this to her
not being briefed or informed as to required actions on her
part. We note that AFRC/A1K recommends approval on the basis
the Air Force authoritative source for the SBP program (HQ
AFPC) is not on record in regards to this matter, either for or
against the members assertion. It appears there is some
disagreement between AFPC and AFRC over who bore the
responsibility for properly advising the applicant on the SBP.
As such, we believe reasonable doubt has been established that
although the applicant was sent the form to make an SBP
election, she was not properly advised or informed of the
requirement to return the form with her stated election.
Additionally, the applicant has provided a notarized statement
from her spouse indicating his concurrence with the applicants
request not to participate in SBP. Therefore, we elect to
resolve any doubt we have regarding this matter n favor of the
applicant and recommend her record be corrected as indicated
below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that, on
22 November 2010 she elected to decline coverage under the
Survivor Benefit Plan and her spouse concurred in the election.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-00472 in Executive Session on 1 December 2011,
under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Feb 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFRC/A1K, dated 29 Aug 11.
Exhibit D. Letter, SAF/MRBR, dated 16 Sep 11.
Exhibit E. Letter, AFBCMR, dated 3 Nov 11.
Exhibit F. Letter, Applicant, dated 7 Nov 11, w/atch.
Panel Chair
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