RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02469
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. The Reserve Component Survivor Benefit Plan (RCSBP) annuity
election currently reflected on her Retiree Account Statement be
changed from Spouse only to Declination.
2. SBP premiums previously withheld from her retired pay
account be refunded to her.
________________________________________________________________
APPLICANT CONTENDS THAT:
DFAS informed her that anyone retiring after calendar year 2001,
with 20 years of service is mandated to obtain SBP coverage
unless he or she declines coverage. The Air Reserve Personnel
Center (ARPC) neglected to send her the proper retirement
package, which included the form required to decline SBP.
In support of her request the applicant provides copies of her
DD Form 2656, Data for Payment of Retired Personnel; ARPC Form
83, Application for Retired Pay; DFAS CL 7220/148, Retiree
Account Statement; Reserve Order EL-2550 and ARPC/DPTTR
memorandum dated 11 Apr 2013.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 7 Jul 2012, via DD Form 2656, the applicant elected not to
participate in the SBP and her spouse concurred.
On 2 Apr 2013, the applicant was issued Reserve Order EL-2550,
in which she was placed on the Air Force Retired List in the
rank of Senior Master Sergeant (SMSgt, E-8) effective 7 Mar
2013. She served 21 years, 4 months, and 10 days of total
active service.
________________________________________________________________
?
AIR FORCE EVALUATION:
ARPC/DPTT recommends approval. DPTT states that the applicant
does not have a confirmed mail-card receipt for a delivered
RCSBP information letter in her records. Moreover, ARPC does
not have verification that she accessed her Notification of
Eligibility for Retired Pay RCSBP application.
The complete DPTT evaluation, with attachments, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
She wonders why a decision has not been rendered on her case,
especially considering the OPR is recommending approval. The
reason she did not want to enroll in the RCSBP was because her
former spouse had already asked for a divorce. It is
reprehensible that she has to continue to deal with this issue.
In further support of her request, the applicant provides a copy
of her Superior Court of California Notice of Entry of Judgment,
and various other documents related to her appeal.
Her complete response, with attachments, is at Exhibit D.
________________________________________________________________
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 an error or injustice. After
carefully reviewing this application, we agree with the opinion
and recommendation of the Air Force office of primary
responsibility and adopt the rationale expressed as the basis
for our decision the applicant has been a victim of error or
injustice. Therefore, we recommend the applicants records be
corrected as set forth below.
________________________________________________________________
?
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that:
a. On 7 Jul 2012, she declined coverage under the SBP, and
her spouse concurred in her decision.
b. She be authorized full reimbursement of all SBP
premiums withheld from her retired pay account since 7 Mar 2013.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 19 Mar 2013, under the provisions of AFI
36-2603:
, Vice Chair
, Member
, Member
All members voted to correct the record as recommended. The
following documentary evidence was considered in AFBCMR BC-2013-
02469:
Exhibit A. DD Form 149, dated 17 May 2013, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 25 Jun 2013, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 5 Jul 2013.
Exhibit D. Letter, Applicant, dated 17 Jan 2014.
Exhibit E. Letter, SAF/MRBC, dated 11 Feb 2014.
Vice Chair
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
8
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
3
AF | BCMR | CY2012 | BC-2012-01548
_________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. _________________________________________________________________ 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...
AF | BCMR | CY2013 | BC 2012 05091
________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the deceased service member be corrected to show that on 31 Dec 02, he elected spouse only Survivor Benefit Plan (SBP) coverage based on full retired pay. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-05091 in Executive Session on...
AF | BCMR | CY2013 | BC 2013 03564
In support of his request, the applicant provides a letter from the Defense Finance and Accounting Service (DFAS) dated 26 Jun 13, stating they could not process his SBP request because the DD Form 2656 they received did not indicate a declination of coverage, therefore he was put in Automatic Coverage for SBP. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends approval. Exhibit C. Letter, SAF/MRBR, dated 15 Oct 13.
AF | BCMR | CY2012 | BC-2012-01308
________________________________________________________________ AIR FORCE EVALUATION: DFAS-JBJE/CL states the applicant’s retired pay account was incorrectly established on 27 Jan 2005 after she submitted the DD Form 2656, Data for Payment of Retired Personnel. Since the original election date of the SBP is her retirement date, if it is the intention of the Board to provide a refund of all SBP premiums withheld from 1 Feb 2005, the Board's recommendation must state this; otherwise, by law,...
ARMY | BCMR | CY2013 | 20130017267
The applicant requests correction of her record to show that she and her spouse elected not to participate in the Survivor Benefit Plan (SBP). Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 (and participate in SBP), to provide an annuity for their survivors should they die before reaching age 60. Once she made the RCSBP election the premiums would have to be recovered from her retired pay...
AF | BCMR | CY2005 | BC-2005-02514
_________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPS states the applicant’s records indicate she did not submit an election for SBP at the time of her notification for eligibility to participate in the SBP. The applicant’s spouse did not sign the DD Form 2656 acknowledging the SBP election had been declined. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence...
AF | BCMR | CY2012 | BC-2012-01862
In support of her request, the applicant provides copies of DD Form 2656-10, Final Decree of Divorce, Domestic Relations Order [Military Retirement], letters from her attorney, letters from the Defense Finance and Accounting Service (DFAS) and numerous other documents in support of her request. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 27 Jul 2012, copies of the Air Force evaluation were forwarded to the applicant and the...
ARMY | BCMR | CY2013 | 20130016893
Both believed that they made the correct election on the form not to participate in the SBP; however, SBP premiums are being deducted from her Army retired pay. Section IX (SBP Election), item 26 (Beneficiary Category(ies)), the applicant failed to make an election in any of the categories (i.e., a through g), although she did indicate in block g (I Elect Not to Participate in SBP) with an "X" that, "I Do Have Eligible Dependents Under The Plan"; c. Section XI (Certification), item 30...
ARMY | BCMR | CY2014 | 20140021344
In a letter dated 2 February 2001, the applicant was notified of his eligibility to receive retired pay at age 60 (20 Year Letter). A DFAS Summary of Retired Pay Account, dated 12 March 2014, states in regard to SBP that DFAS had not received the applicant's SBP election certificate; therefore, automatic SBP coverage was provided effective 26 February 2014. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing he...
ARMY | BCMR | CY2007 | 20070008928
On 16 October 2007, DFAS informed this agency by email that the applicant used the wrong DD Form 2656 and signed it on 15 April 2007 after having been placed on the TDRL. The applicant alleges that she does not remember electing SBP; however, the evidence shows that she completed an SBP Election Certificate, DD Form 2656-5 (the incorrect form for a member being medically retired), on 15 April 2005, after placement on the TDRL. The applicant reviewed her Retiree Account Statement (SBP/RSFPP...