RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-03466
INDEX CODE:137.00
APPLICANT COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to change his Reserve Component Survivor Benefit Plan
(RCSBP) coverage from Option A to Option C.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He never received the notification letter and his coverage was
automatically implemented as Option A (Exhibit A).
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant's military records, are contained in the letter prepared by
the appropriate office of the Air Force.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPS states the applicant was notified of his eligibility to
participate in the RCSBP in Sep 97. His election package was mailed
to him by certified mail and was signed for by his wife on 15 Sep 97.
There was no evidence that the applicant made an election at that
time. The applicant was automatically enrolled in Option A, Deferred
election until age 60 at the end of the 90-day suspense. The
applicant was notified of the 1 Mar 99 to 28 Feb 00 open enrollment
for RCSBP. The notification was mailed to his home address from the
master listing maintained by HQ ARPC. The applicant has had several
opportunities to elect RCSBP but failed to do so. The applicant will
have another opportunity to elect RCSBP when he reaches 60.
Therefore, based on the evidence provided they recommend denying the
applicant’s request.
A complete copy of the evaluation is attached at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 15 February 2002, for review and response. As of this
date, no response has been received by this office (Exhibit C).
_________________________________________________________________
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 our conclusion that the
applicant has not been the victim of an error or injustice. The
applicant contends that he was never notified that if he did not elect
RCSBP coverage within the required timeframe that his coverage would
be automatically enrolled under Option A. The applicant was notified
by certified mail in Sep 97, of his eligibility to participate in
RCSBP. His wife signed for the notification package. He did not
elect coverage at that time. The applicant had another opportunity to
elect RCSBP coverage during an authorized open season enrollment, but
failed to do so. The applicant was notified on two occasions of his
eligibility to enroll in RCSBP but did not elect coverage either time.
Therefore, in the absence of substantial 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 AFBCMR Docket Number 01-
03466 in Executive Session on 23 April 2002, under the provisions of
AFI 36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Ms. Patricia D. Vestal, Member
Mr. Roscoe Hinton, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Nov 01.
Exhibit B. Letter, HQ ARPC/DPS, dated 1 Feb 02, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 15 Feb 02.
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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However, he has just discovered that his 1999 survivor benefit election was listed as “having not been received.” In support of his request, the applicant submits a personal statement, copies of medical records and additional documents associated with the issues cited in his contentions. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit...
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