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.
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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 .
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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
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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
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This letter also advised applicant of his eligibility to elect coverage under the RCSBP. They receive a package from the Air Reserve Personnel Center (ARPC) which covers all aspects of the plan. Exhibit D. Letter, AFBCMR, dated 12 May 97.
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 BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the...
APPLICANT CONTENDS THAT: Her deceased husband planned to take his Air Force retirement at age 60. 6 98-01709 On 28 December 1981, ARPC/DPAAR notified the spouse of the deceased member that an RCSBP election had not been received by the deadline and informed her that RCSBP coverage was not in effect and no further election could be made until the member reached age 60. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion...
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 member is requesting that his record be corrected to allow his participation in the Reserve Component Survivor Benefit Plan (RCSBP). The member states that he did not have the package until much later than the mailing date.
_________________________________________________________________ APPLICANT CONTENDS THAT: Her spouse signed for the election package and it was never received by her. 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. ...
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS JUL 2 0 = IN THE MATTER OF: DOCKET NO: 97-03799 COUNSEL: None HEARING DESIRED: Yes Applicant requests her record be changed to show she declined to participate in the Reserve Component Survivor Benefit Plan (RCSBP) when she was first eligible. 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,...
He states that he was advised of the incorrect return date by Headquarters Air Reserve Personnel Center (ARPC) staff and that he was not aware of the May 98 change to the benefit plan selection process. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to applicant on 30 Nov 98 for review and response within 30 days. We took notice of the applicant's complete submission in...
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).
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...
AF | BCMR | CY2003 | BC-2003-01117
Applicant's complete submission, with attachments, is at Exhibit A. During the RCSBP open enrollment, March 1999 to 29 February 2000, records indicate that the member was notified but did not respond within the 90 days as required by law. We therefore agree with the recommendation of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain her burden of having suffered either an error or an injustice.