0 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

IN THE MATTER OF: 

DOCKET NUMBER:  98-00223 

COUNSEL:  None 

HEARING DESIRED: NO 

APPLICANT REOUESTS THAT: 

His  records  be  corrected  to  allow  him  to  participate  in  the 
Reserve Component Survivor Benefit Plan (RCSBP) . 

APPLICANT CONTENDS THAT: 

He incorrectly interpreted the suspense date to be  90 days from 
15 October  1997  (13  January  1998). 
It  made  sense  that 
eligibility for the RCSBP would  begin on the anniversary of  20 
years  of  active  military  service.  He  mailed  the  Air  Reserve 
Personnel Center  (ARPC) Form  123  to establish RCSBP eligibility 
for his spouse and children in ample time to arrive at ARPC by 
registered mail before the incorrectly interpreted suspense date. 
When notified his election was void and returned without action, 
he contacted ARPC and was informed the 90-day suspense began with 
the  receipt of  the  information package  (29 September 1997) and 
expired 3 days before the date of his AF Form 123. 

Applicant's complete submission is attached at Exhibit A. 

STATEMENT OF FACTS: 

A  certified package, notifying the member of  his eligibility to 
participate  in  the  RCSBP  was  signed  for  by  the  member  on 
s home  address: 

On 8 January 1998, an RCSBP Election for full, immediate coverage 
for  spouse  and  children  (Option  CF)  was  received  at  ARPC. 
However, the 90-day time limit expired on 28 December 1997. 

Title  10, United States Code, Section 1448(a) (2) (B) establishes 
the  requirement  that  the  member  submit  his  election  within  90 
days of receipt. 

98-00223 

AIR FORCE EVALUATION: 

The  Deputy  Director  of  Customer  Assistance,  ARPC/DR,  reviewed 
this application and states that the member states that when he 
received  the  RCSBP  information it  was  close  to  his  Continuous 
Active Military Service Date and he  incorrectly interpreted the 
suspense date  to be  90 days  from that  date.  The document  (DD 
Form  214) he  submitted verifying  this date  was  issued  in June 
1986  and  was  completely  unrelated  to  the  RCSBP  package.  The 
cover letter of the RCSBP package and two places in the body of 
the package inform the member there is a 90-day suspense from the 
date of receipt.  They recommend applicant's request be denied. 
A complete copy of the evaluation is attached at Exhibit C. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

A complete copy of the Air Force evaluation was forwarded to the 
As of this 
applicant on 9 March 1998, 
date, no response has been received by this office. 

for review and response. 

THE BOARD CONCLUDES THAT: 

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

2 .  

The application was timely filed. 

Insufficient  relevant  evidence  has  been  presented  to 
3 .  
demonstrate  the  existence  of  probable  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 and adopt their 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  compelling  basis  to 
recommend granting the relief sought in this application. 

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 

2 

upon  the  submission of  newly  discovered  relevant  evidence  not 
considered with this application. 

9 8 - 0 0 2 2 3  

The following members of the Board considered this application in 
Executive Session on  16 July 1998, under the provisions of AFI 
3 6 - 2 6 0 3 :  

Mr. Henry C. Saunders, Panel Chair 
Mrs. Barbara A. Westgate, Member 
Mr. David C. Van Gasbeck, Member 

The following documentary evidence was considered: 

Exhibit A. DD Form 149, dated 2 0   Jan 9 8 ,   w/atchs. 
Exhibit B. Applicant's Master Personnel Records. 
Exhibit C. Letter, ARPC/DR, dated 18 Feb 98. 
Exhibit D. Letter, AFBCMR, dated 9 Mar 98. 

P  el Chair P 

HEN Y C. SAUNDERS 

3 

8 DEPARTMENT  OF  THE  AIR  FORCE 

HEADQUARTERS  AIR  RESERVE  PERSONNEL  CENTER 

MEMORANDUM FOR  AFBCMR 
FROM:  HQ 'ARPC/DR 

6760 E I r v i n g t o n   Place  #3000 
Denver  CO  80280- 3000 

SUBJECT: 

The  requested  correction cannot be accomplished 

2 ,  
administratively at t h i s   headquarters. 
2.  The  member i s  requesting t h a t   his record be  corrected t o  
a l l o w  his participation in t h e  R e s e r v e   Component Survivor Benefit 
P l a n   (RCSBP) 

The  following is an analysis of t h e   circumstances surrounding 

3. 
t h e   case: 

a, 

A certified package,  n o t i f y i n g   t h e  member  of his 

eligibility to p a r t i c i p a t e   in t h e   RCSBP  was  signed for by t h e  

his home  address: 

b.  On  8  J a n   98,  an RCSBP  E l e c t i o n   for f u l l ,   immediate 

c o v e r a g e   f o r   s p o u s e   and children  (Option CF) was received  a t  
However, t h e   90  day  time limit expired on 
this h e a d q u a r t e r s .  
28  Dec  97. 

c.  The  member  states  that when h e   received  t h e   RCSBP 

information i t  was close  to h i s  Continuous  Active Military 
S e r v i c e   D a t e   and he incorrectly i n t e r p r e t e d   t h e   suspense date  to 
be  90  days  from  t h a t   date.  The  document  (DD  Form 214) he 
submitted verifying this d a t e   was issued i n  3un  86  and  w a s  
completely  unrelated  to t h e  RCSBP package. 
t h e   RCSBP package  and  t w o   places  i n  t h e  body  of t h e  package 
i n f o r m   the member t h e r e   is a  90 day  suspense from t h e   date  of 
receipt. 

T h e   cover  letter  of 

4.  The  requirement t h a t   the mernbex  submit h i s   election within 90 
days  of r e c e i p t   is clearly established by Title 10, United States 
Code,  Section  1 4 4 8  (a) ( 2 )  (B).  He remains e l i g i b l e   to p a r t i c i p a t e  
in t h e   Survivor Benefit P l a n   (SBP) when he reaches  age 60. 
5.  Recommendation:  Recommend the member's  request be denied. 
If t h e   decision is to grant the relief  sought,  the member's 
record  should be corrected  to show t h a t   he elected full, 
immediate c o v e r a g e   for spouse  and  c h i l d r e n   (Option  CF) under  t h e  
RCSBP,  effective  23 Dec 97. 
6.  Action officer i s  M r .   Marvin S i l v a ,   HQ  ARPC/DRSE, DSN  926- 
6438. 
msilva@arpcmail.den.disa.mil. 

He can also be reached  by fax at DSN  926-6357  or by e-mail