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AF | BCMR | CY1999 | 9802460
Original file (9802460.doc) Auto-classification: Denied



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02460
            INDEX CODE:  137

            COUNSEL:  None

            HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her record be corrected to allow  her  participation  in  the  Reserve
Component Survivor Benefit Plan (RCSBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her spouse signed for the election package and it was  never  received
by her.  It was misplaced.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

A certified package, notifying the applicant  of  her  eligibility  to
participate in the RCSBP was signed for by her spouse  on  26 Sep  97.
The package was sent to her current home address.

_________________________________________________________________

AIR FORCE EVALUATION:

The Deputy Director of Customer  Assistance,  ARPC/DR,  reviewed  this
application  and  indicated  that  although  the  applicant  may  have
provided an accurate account of the circumstances  in  her  case,  the
requirement that the member submit  an  election  within  90  days  of
receipt is clearly established by  Section  1448(a)(2)(B),  Title  10,
United States Code (USC).  She remains eligible to participate in  the
SBP when she reaches  age  60.   ARPC/DP  recommends  the  applicant’s
request be denied.

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

_________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  evaluation  was  forwarded  to  applicant  on
12 Oct 98 for review and response.  As of this date, no  response  has
been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
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 25 May 1999, under the provisions of AFR 31-3:

           Mrs. Barbara A. Westgate, Panel Chair
           Ms. Ann L. Heidig, Member
           Mr. Mike Novel, Member








The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 25 Aug 98.
   Exhibit B.  Microfiche.
   Exhibit C.  Letter, ARPC/DR, dated 18 Sep 98.
   Exhibit D.  Letter, AFBCMR, dated 12 Oct 98.




                                   BARBARA A. WESTGATE
                                   Panel Chair

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