AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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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
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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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DEPARTMENT OF THE AIR FORCE WASHINGTON, DC AUG 2 5 1998 Office of the Assistant Secretary AFBCMR 98-01 698 MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1552, Title 10, United States Code, Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that: records of the Department of the Air Force relating to- e corrected to...