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Decision Text

AF | BCMR | CY1999 | 9803493
Original file (9803493.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-03493
            INDEX NUMBER:  137.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO

Applicant requests that he be permitted to make an election under  the
Reserve Component Survivor Benefit Plan (RCSBP) after the time  period
to do so expired.  Applicant's submission is at Exhibit A.

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 advisory  opinion  was  forwarded  to  the
applicant for review and response (Exhibit D). As  of  this  date,  no
response has been received by this office.

After careful consideration of applicant's request and  the  available
evidence  of  record,  we  find  insufficient  evidence  of  error  or
injustice to warrant corrective action.  The facts and opinions stated
in the advisory opinion appear to be based on the evidence  of  record
and have not been rebutted by applicant.  Absent  persuasive  evidence
applicant was denied rights to which entitled, appropriate regulations
were not followed, or appropriate standards were not applied, we  find
no basis to disturb the  existing  record.   Accordingly,  applicant's
request is denied.

However, Public Law (PL) 105-261 (effective 17  Oct  98)  provides  an
opportunity for retirees  to  enroll  in  the  Survivor  Benefit  Plan
program during a one-year open enrollment  period  beginning  1  March
1999 through 29 February 2000.  Further information may be obtained by
contacting the Air Reserve Personnel Center.  Their  telephone  number
is 1-800-525-0102 (ext. 227) or (303) 676-6576.

The Board staff is directed to  inform  applicant  of  this  decision.
Applicant should also be informed that this decision is final and will
only be reconsidered upon the presentation of  new  relevant  evidence
which was not reasonably available at the  time  the  application  was
filed.

Members of the Board, Mrs. Barbara A. Westgate, Ms. Ann L. Heidig, and
Mr. Mike  Novel,  considered  this  application  on  25 May  1999,  in
accordance with the provisions of Air Force  Instruction  36-2603  and
the governing statute, 10 U.S.C. 1552.




                                    BARBARA A. WESTGATE
                                    Panel Chair

Exhibits:
A.  Applicant's DD Form 149
B.  Available Master Personnel Records
C.  Advisory Opinion
D.  SAF/MIBR Ltr Forwarding Advisory Opinion

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