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Decision Text

AF | BCMR | CY1998 | 9700931
Original file (9700931.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

3UN g 4  W8 

IN THE MATTER OF: 

DOCKET "IBER:  97-00931 
COUNSEL:  None 
HEARING DESIRED:  NO 

i- 

APPLICANT REUUESTS THAT: 

He be  allowed to participate  in the Reserve Component Survivor 
Benefit Plan (RCSBP) . 

APPLICANT CONTENDS THAT: 

In the time period that the package was sent to him, he was  in 
the  process  of  relocating  to  another  city  for new  employment. 
The package sent to him was misplaced and included with the boxes 
for moving.  When he called the personnel office, he was informed 
that another package would be sent when he retired. 

In  support  of  his  request,  the  applicant  has  submitted  a 
supporting  statement  from  the personnel  office, a  notificatTon 
letter  from  Air  Reserve  Personnel  Center  (ARPC) ,  a  copy  of 
Temporary  Duty  (TDY) orders  and  mail  receipt  showing  package 
delivery date. 
Applicant's complete submission is attached at Exhibit A. 

? 

STATEMENT OF FACTS: 

On  23  August  1996,  applicant  was  provided  a  Notification  of 
Eligibility for Retired Pay at age 60.  This letter also advised 
applicant of his eligibility to elect coverage under the RCSBP. 
The letter indicated he would receive the information within 30 
days and he had 90 days from receipt of the information to submit 
an election form. 
On  16  September  1996,  an  RCSBP  election  package  from  the  Air 
was  received  at  his  home  and 
Reserve  Personn 
signed  for  by 
The  election  form  was  not 
returned  within  90  days  of  receipt  which  is  required  by  law. 
Applicant remains eligible to participate in the Survivor Benefit 
Plan when he reaches age 60. 

AIR FORCE EVALUATION: 
The  Directorate  of  Customer  Assistance,  ARPC/DR,  reviewed  the 
application and recommended denial.  Air Force Reserve members do 
not receive a formal briefing prior to making an RCSBP election. 
They  receive  a  package  from  the  Air  Reserve  Personnel  Center 
(ARPC) which  covers  all  aspects  of  the  plan.  The  applicant 
states that relocating to another city and being misinformed by a 
unit pers'onnel office caused his delay  in selecting an option. 
The cover letter of the package sent to the applicant, as-well as 
two places in body of the package, informed the member there was 
a  90-day  suspense  for  return  of  the  election.  Although  the 
applicant  may  have  provided  an  accurate  account  of  the 
circumstances  in  his  case,  the  requirement  for  the  member  to 
submit his RCSBP election within  90 days of  receipt is clearly 
established by  Title  10, US  Code, Section  1448(a) (2) (B).  The 
member remains eligible to participate in the SBP when he reaches 
age 60. 
A  complete copy of the evaluation is attached at Exhibit C. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

The  applicant  reviewed  the  evaluation  and  responded  that  he 
understands the review board is committed to the law within Title 
10, USC and he is not denying that fact.  However, he is trykng 
to point out there was much confusion on his part as well as the 
agencies who  advised him  and  this  caused the misunderstandings 
which he feels should be considered.  Reservists do a dual role 
and  at  times  some  situations  may  honestly  occur  for  reasons 
beyond their control.  The Review Board should honestly consider 
these cases because possible new ideas and process may generate 
from them.  He feels he has provided proof  to his circumstances 
and feel that they should be fairly considered. 

Applicant's complete response is at Exhibit E. 

THE BOARD CONCLUDES THAT: 

The applicant has exhausted all remedies provided by existing 

1. 
law or regulations. 
2.  The application was timely filed. 
3.  Insufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  probable  error  or  injustice. 
Applicant's contentions are duly noted; however, the requirement 
to  submit  his  RCSBP  selection  within  90  days  of  receipt  is 
clearly established by Title 10, US Code, Section 1448(a) (2) ( B ) .  
Applicant was advised in August  1996 that he would be  receiving 
RCSBP information within 30 days and of the requirement to submit 
an  election  within  9 0   days  of  receipt  of  this  package.  We 

2 

AFBCMR 97-0093 1 

believe, as a senior non-commissioned officer, it was his duty to 
be  more  responsible  about  a  program  which  would  affect  his 
family.  In view of the foregoing, we  find there is no basis to 
recommend granting the relief sought in this case. 

THE BOARD DETERMINES THAT: 

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

L. 

The following members of the Board considered this application in 
Executive  Session on  21  May  1998,  under  the provisions  of  AFI 
36-2603 : 

Mr. Henry C. Saunders, Panel Chair 
Mrs. Barbara A. Westgate, Member 
Ms. Ann L. Heidig, Member 
Ms Kay Byrne, Examiner (without vote) 

The following documentary evidence was considered: 

-- 

DD Form 149, dated 14 Mar 93 with atchs. 
Applicant's Master Personnel Records. 

Exhibit A. 
Exhibit B. 
Exhibit C.  Letter, ARPC/DR, dated 22 Apr 97. 
Exhibit D.  Letter, AFBCMR, dated 12 May 97. 
Exhibit E.  Applicant's Letter, date9 17 May 9f. 

3 

AFBCMR 97-0093 1 



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