AIR FORCE BOARD FOR COPECTION OF MILITARY REC
RECORD OF PROCEEDINGS
IN THE MATTER OF:
DOCKET NO: 98-01339
COUNSEL: None
HEARING DESIRED: NO
Applicant requests his records reflect he elected Option C of the
Reserve Component Survivor Benefit Plan (RCSBP) .
Applicant I s
submission is at Exhibit A.
The appropriate Air Force office evaluated applicant's request
and provided an advisory opinion to the Board recommending the
application be denied (Exhibit C). The advisory opinion was
forwarded to the applicant for review and response (Exhibit D).
As of this date, no response has been received by this office.
After careful consideration of applicant's request and the
available evidence of record, we find insufficient evidence of
error or injustice to warrant corrective action. The facts and
opinions stated in the advisory opinion appear to be based on the
evidence of record and have not been rebutted by applicant.
Absent persuasive evidence applicant was denied rights to which
entitled, appropriate regulations were not followed, or
appropriate standards were not applied, we find no basis to
disturb the existing record.
Accordingly, applicant's request is denied.
The Board staff is directed to inform applicant of this decision.
Applicant should also be informed that this decision is final and
will only be reconsidered upon the presentation of new relevant
evidence which was not reasonably available at the time the
application was filed.
Members of the Board Mr. Henry C. Saunders, Mrs. Barbara A.
Westgate, and Ms. Ann L. Heidig considered this application on
27 October 1998 in accordance with the provisions of Air Force
Instruction 36-2603, and the governing statu 7,
10, 7 S . C . 1552.
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f
Pa el Chair
Exhibits :
A. Applicant's DD Form 149
B. Available Master Personnel Records
C. Advisory Opinion
D. AFBCMR Ltr Forwarding Advisory Opinion
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS AIR RESERVE PERSONNEL CENTER
MEMORANDUM FOR MBCMR
FROM: HQARPCDR
6760 E Irvington Place #3000
Denver CO 80280-3000
SUBJECT: Application for
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1. The requested correction cannot be accomplished administratively at this headquarters.
2. The member is requesting that his record be corrected to allow his participation in the Reserve
Component Survivor Benefit Plan (RCSBP).
3. The following is an analysis of the circumstances surrounding the case:
a. A certified package, noti
igibility to participate in the RCSBP
ckage was sent to his home
b. The member states that he did not have the package until much later than the mailing date.
The 90 day suspense starts fiom the date the package is received not the mailing date. 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 fiom the date of receipt.
4. The requirement that the member submit his election within 90 days of receipt is clearly
established by Title 10, United States Code, Section 1448(a)(2)(B). He remains eligible to
participate in the Survivor Benefit Plan (SBP) when he reaches age 60.
5. Recommendation: Recommend the member's request be denied. If the decision is to grant
the relief sought, the member's record should be corrected to show that he elected full, immediate
coverage for spouse and children (Option CF) under the RCSBP, effective 8 Mar 98.
6. Action officer is Mr. Marvin Silva, HQ ARPCDRSE, DSN 926-6438. He can also be
reached by fax at DSN 926-6255 or by e-mail msilva@arpcmail.den.disa.mil.
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I DEPARTMENT OF THE AIR FORCE * JUNSO a90 WASHINGTON, DC i Office of the Assistant Secretary AFBCMR 98-00508 * MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1552, Title 10, United States Code and 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: The pertinen Force relating to show that effective 3 September...
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). Accordingly, applicant's request is denied. The member is requesting that his record be corrected to allow his participation in the Reserve Component Survivor Benefit Plan (RCSBP).
MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1552, Title 10, United States Code and AFI 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: itary records of the Department of the Air Force relating t e corrected to show that on 25 May 1998, he elected spo coverage, under the Reserve Component Survivor Benefit Plan, based on full...
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She has learned since her husband’s death that this package was mailed as registered mail with a suspense date of 90 days, requiring an election of A, B, or C to determine her annuity. There is no evidence he made an RCSBP election at that time. A complete copy of the evaluation, with attachment, is attached at Exhibit C. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded by thanking the Air Force for...