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AF | BCMR | CY1998 | 9801942
Original file (9801942.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  98-01942 

COUNSEL:  NONE 

HEARING DESIRED:  NO 

- 

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APPLICANT REQUESTS THAT: 

He be permitted to make an election to participate in the Reserve 
Component Survivor Benefit Plan  (RCS'BP) . 

APPLICANT CONTENDS THAT: 
His RCSBP package was misplaced due to personal situations, which 
prevented him from making a decision in time. 

~ 

~~ 

Applicant's  complete submission is attached at Exhibit A. 

STATEMENT OF FACTS: 

The RCSBP package, sent by  certified mail, notifying the member 
of his eligibility to participate in the RCSBP was signed f o r   by 
the member on 7 March  1998.  The applicant had  90 days to elect 
coverage  under  RCSBP;  however,  no  election  was  received  within 
the 90 day time frame. 

AIR FORCE EVALUATION: 

The Deputy Director of Customer Assistance, HQ ARPC/DR, reviewed 
this  application  and  states  the  requirement  that  the  member 
submit  an  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 when he  reaches age  60.  Therefore, they 
recommend denial of applicant's  request. 

A  complete  copy  of  the  Air  Force  evaluation  is  attached  at 
Exhibit C .  

9 8 - 0 1 9 4 2  

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

The applicant  reviewed the advisory opinion and  states that due 
to job related problems in combination with  the hospitalization 
of his mother and mother-in-law  has caused tremendous stress on 
him  causing  him  to  temporarily misplace  the RCSBP package.  He 
states if he  is not able to participate  in the RCSBP and if he 
dies before he reaches age 60 his wife and children will not have 
the benefices he has worked so hard for. 

Applicant's  complete response is attached 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.  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 
upon  the  submission  of  newly  discovered  relevant  evidence  not 
considered with this application. 

The following members of the Board considered this application in 
Executive Session on 27 October 1 9 9 8 ,   under the provisions of AFI 
36-2603: 

Mr. Henry C. Saunders, Panel Chair 
Ms. Ann Heidig, Member 
Mrs. Barbara A. Westgate, Member 

2 

98-01942 

The following documentary evidence was. considered: 

Exhibit A. 
Exhibit B. 
Exhibit C. 
Exhibit  D. 
Exhibit E. 

DD Form 149,  dated  10 July 1998, w/atchs. 
Applicant's  Master  Personnel Records. 
Letter, AFPC/DR,  dated 29 July  1998. 
Letter, MIBR,  dated  17 August  1998. 
Applicant's  Response,  dated  19 August  1998. 

Y C.  SAUNDERS 

3 



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