RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-02088
INDEX CODE: 137.00
APPLICANT COUNSEL: None
SSN HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to participate in the Reserve Component Survivor Benefit
Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He requested an RCSBP computation sheet which he received on 17 Jun
00. He completed the forms and mailed them to the Air Reserve
Personnel Center (ARPC) on 19 Jun 00. The forms were returned to him
ripped and damaged by the post office on 7 Jul 00. He called ARPC to
inform them of the situation and was told over the phone that he still
had time to submit the forms. He forwarded a reaccomplished package
to ARPC on 8 Jul 00.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
A certified package notifying him of his eligibility to participate in
RCSBP was sent to the applicant’s home address. The member signed for
the package on 27 Mar 00.
In mid-June the applicant requested an RCSBP computation. It was
mailed to him on 14 Jun 00.
ARPC received the RCSBP election request on 18 Jul 00. ARPC forwarded
a letter to the applicant informing him that his RCSBP election could
not be processed because he missed the 90-day time limit required by
law. The letter also informed him that he will have another
opportunity to participate in RCSBP at age 60.
_________________________________________________________________
AIR FORCE EVALUATION:
The Director, Directorate of Customer Assistance, ARPC/DPS, reviewed
the application and states the applicant was forwarded the election
package in Mar 00. It is required by Title 10, USC, Sec 1448(a)(2)(B)
that members wanting to participate in RCSBP must submit their
election within 90 days of receipt of the package. The applicant
states that he completed his package and forwarded it to ARPC on 19
Jun 00 and that it was returned ripped and damaged by the post office.
He also states that he spoke with a technician at ARPC and the
technician informed him he still had time to resubmit his election.
The conversation he had with the technician cannot be verified.
Therefore, based on the evidence provided they recommend denying the
applicant’s request.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to applicant
on 22 Sep 00 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. After thoroughly
reviewing the evidence of record, we are not persuaded to change the
applicant’s records to reflect that he elected coverage under the
RCSBP in a timely manner. Essentially, the applicant asserts that the
postal service returned his initial RCSBP election package in a
damaged condition well past the 90 day deadline for returning the
election form but that he was advised by ARPC personnel that he still
had sufficient time to submit his election. However, other than his
own uncorroborated statement, we find no persuasive evidence that
would support his assertions. Further, the information contained in
the election package clearly indicated that he had 90 days from the
date of receipt of the election package to return the completed
election form to ARPC, in accordance with the governing statute. It
is the responsibility of the service member to submit the election
form within the time constraints allowed. Therefore, we agree
with the recommendation of the Air Force and adopt the rational
expressed as the basis for our conclusion that the applicant failed to
sustain his burden of establishing the existence of either an error or
an injustice warranting favorable action on his request.
_________________________________________________________________
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 6 February 2001 under the provisions of AFI 36-
2603:
Mr. David C. Van Gasbeck, Panel Chair
Ms. Patricia D. Vestal, Member
Mr. Joseph A. Roj, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 July 2000, w/atchs.
Exhibit B. Available Master Personnel Records.
Exhibit C. Letter, HQ ARPC/DPS, dated 5 September 2000.
Exhibit D. Letter, SAF/MIBR, dated 22 September 2000.
DAVID C. VAN GASBECK
Panel Chair
There was no evidence that the service member made an election at that time. Therefore, based on the evidence provided they recommend denying the applicant’s request. _________________________________________________________________ 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...
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