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AF | BCMR | CY1998 | 9801339
Original file (9801339.pdf) Auto-classification: Denied
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. 

/ 

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 

Cl w 
N 
H w 
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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. 

L 



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