RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-02762
	XXXXXXX		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

She be disenrolled in the Reserve Component Survivor Benefit 
Plan (RCSBP).

________________________________________________________________

APPLICANT CONTENDS THAT:

She did not elect to enroll in the RCSBP and do not elect to 
enroll now.  She did not sign for the certified mail (election 
package) dated 1 Aug 06.

She was not aware of her enrollment until her application for 
Reserve retired pay was submitted.

In support of her appeal, the applicant provides a copy of a 
certified mail receipt, dated 1 Aug 06, which she states is not 
her signature or her application.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Based on information from the Air Force Reserve office of 
primary responsibility, the applicant was notified regarding her 
eligibility to participate in RCSBP via certified mail.  This 
election package was sent to her address on file; however, she 
did not make an election within the required time period.

The applicant did not make a response during the 90-day period 
and as prescribed by U.S.C. Title 10 Subsection 1448 and was 
automatically covered under Option C, "Immediate Annuity for 
Spouse Only" coverage, dated l Nov 06.  During this time, the 
applicant was married with an eligible dependent.

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THE AIR FORCE EVALUATION:

ARPC/DPTT recommends denial.  

In accordance with 10 USC §1448, the applicant had 90 days after 
the package was received to make an election.  DPTT’s records 
show the RCSBP election package was received.  

The applicant states she did not sign for the postal receipt of 
the RCSBP election package and would like an opportunity to make 
an election.  According to our system, this package was 
delivered to the address updated in the applicant’s record.  The 
United States Postal Service delivered the package to the 
address and someone at the address signed for the certified 
mail, therefore it is considered delivered and that the 
applicant received the election package.

The complete DPTT evaluation is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 5 Jul 13 for review and comment within 30 days.  As 
of this date, no response has been received by this office 
(Exhibit C).

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinion and recommendation 
of the Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice.  Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-02762 in Executive Session on 5 May 2014, under 
the provisions of AFI 36-2603:

, Vice Chair
, Member
, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 2 Jun 13, w/atchs.
     Exhibit B.  Letter, AFPC/DPTT, dated 24 Jun 13, w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 5 Jul 13.




                                   
                                   Vice Chair