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AF | BCMR | CY2001 | 0002845
Original file (0002845.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-02845

            COUNSEL:  NONE

            HEARING DESIRED: NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Applicant is the ex-spouse of a former service  member,  who  requests
corrective action that  would  entitle  him  to  a  Reserve  Component
Survivor Benefit Plan (RCSBP) annuity.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The  destruction  of  their  outgoing  mail  by   neighborhood   kids,
coinciding with the death of his wife’s brother  in  a  motor  vehicle
accident, has created an injustice in which her  AF  123  became  lost
without their ever knowing it.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The deceased member enlisted in the Regular  Air  Force  on         25
September 1962 and was honorably discharged on 24 September 1966.   On
25 September 1966, member reenlisted and was honorably  discharged  on
24 September 1970; serving a total of  8  years  active  duty.   On  4
January 1978, member enlisted in the Air Force Reserve.  Member was an
Air Force Reserve Chief Master Sergeant with 24 years  of  active  and
reserve duty.  On 4 July 1994, she was transferred to Retired Reserve.
 A RCSBP election package was mailed  to  her  home  address  and  was
signed for by the applicant on 24 July 1990.  The  member  died  on  6
August 2000.

_________________________________________________________________

AIR FORCE EVALUATION:

The Director, ARPC/DPS reviewed this application and  states  that  in
accordance with Title 10, United States Code, Section 1448  (a)(2)(B),
the member has 90 days to elect coverage.  If an individual  does  not
return the RCSBP election form (non-response), the default is Option A
- “decline to make an election until age 60”.  HQ ARPC has  no  record
of an election made by the member.  Consequently, the member  did  not
have RCSBP coverage in effect at the time of her death and her  spouse
is not entitled to receive an RCSBP annuity.  Although  the  applicant
may have provided an accurate account  of  the  circumstances  in  his
case, the requirement the member submit an RCSBP  election  within  90
days is established by law.  They recommend relief be denied.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

The applicant reviewed  the  advisory  opinion  and  states  that  the
injustice in this case centers simply on the fact that HQ  ARPC  never
volunteers the status of a military  member’s  selection  of  a  RCSBP
option.   The  injustice  also  results  from  HQ  ARPC’s  withholding
information on the status of  the  applicant’s  RCSBP  election,  thus
preventing the applicant from having an  opportunity  to  correct  the
error caused by the presumably stolen form.

Applicant's complete response, with attachment, is attached at Exhibit
E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

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  the  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 16 May 2001, under the provisions of AFI 36-2603:

                 Mr. David C. Van Gasbeck, Panel Chair
                 Ms. Patricia D. Vestal, Member
                 Mr. Mike Novel, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 13 Oct 00, w/atchs.
      Exhibit B. Deceased Member’s's Master Personnel Records.
      Exhibit C. Letter, HQ ARPC/DPS, dated 13 Dec 00.
      Exhibit D. Letter, AFBCMR, dated 5 Jan 01.
      Exhibit E. Applicant’s Response, dated 30 Jan 01.




                             DAVID C. VAN GASBECK
                             Panel Chair


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