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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The member remained eligible to make the election at age 60. 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 office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Exhibit E. Letter, Applicant’s Congressman statement, dated 31 Jul 02.
AF | BCMR | CY2002 | BC-2002-01652
The member remained eligible to make the election at age 60. 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 office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Exhibit E. Letter, Applicant’s Congressman statement, dated 31 Jul 02.
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