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AF | BCMR | CY1999 | 9802891
Original file (9802891.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02891
            INDEX CODE:  137

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to participate in the Reserve Component Survivor Benefit
Plan (RCSBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant states that he misunderstood the suspense date on the  front
of the RCSBP benefit package envelope.  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.

In support of his  request,  applicant  submits  his  benefit  package
envelope, a letter to his congressman, a copy of  the  ARPC  Form  123
(RCSBP Election Certificate), an RCSBP Computation  Worksheet,  and  a
letter from the postal service.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The Air  Force  indicated  that  a  certified  package  notifying  the
applicant of his eligibility to participate in the RCSBP was  sent  to
his current home address and signed for by C. S--- on 27 Jun 98.

_________________________________________________________________

AIR FORCE EVALUATION:

The Deputy Director of Customer  Assistance,  ARPC/DR,  reviewed  this
application  and  indicates  that  the  applicant   states   that   he
misunderstood the suspense date on the  front  of  the  RCSBP  benefit
package envelope.  The date he refers to is a “return  date  of  7/12”
which was applied to the envelope by the postal authorities  and  does
not apply to the 90-day time limit established by law.  He also states
that he was advised  of  an  incorrect  return  date  by  ARPC  staff.
Unfortunately, DR  cannot  confirm  this  conversation;  however,  the
package was signed for on 27 Jun 98 not 25 Jun 98, the date he  claims
ARPC personnel told him his package was signed for.  Had ARPC received
his election on 25 Sep 98, it would have been accepted and  processed.
Further, while he  states  that  he  was  not  given  the  information
necessary to make an informed decision, the RCSBP package sent to  him
contained very detailed information to help him and  all  Air  Reserve
members make an informed decision.  Applicant refers to an  unofficial
publication that outlined a May 98 change in law; however, DR did  not
receive the reference as an attachment  as  indicated  in  applicant’s
letter.  DR believes that he is referring to the  SBP  discontinuation
law effective 18 May 98  which  allows  Reserve  retirees  a  one-year
window to  exit  SBP  between  their  62nd  and  63rd  birthday.   The
requirement that a member submit an election within 90 days of receipt
is established by Section 1448(a)(2)(B), Title 10, United States  Code
(USC).  The applicant remains eligible to participate in the SBP  when
he reaches age 60 and also during the open enrollment period  that  is
slated to begin on 1 Mar 99.  DP recommends denial of the  applicant’s
request.

A complete copy of the Air  Force  evaluation,  with  attachments,  is
attached at Exhibit B.

_________________________________________________________________

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.  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 26 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 7 Oct 98, w/atchs.
   Exhibit B.  Letter, ARPC/DR, dated 12 Nov 98, w/atchs.
   Exhibit C.  Letter, AFBCMR, dated 30 Nov 98.




                                   BARBARA A. WESTGATE
                                   Panel Chair

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