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AF | BCMR | CY2002 | 0103523
Original file (0103523.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-03523
            INDEX CODE:137.00

      APPLICANT (Deceased)   COUNSEL:  None

      SSN   HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her husband's records be changed to reflect he elected to  participate
in the Reserve Component Survivor Benefit Plan (RCSBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her husband told her on several occasions that if he  died  she  would
receive his Air Force retirement to help raise their children (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  service  member  was  first  notified  of   his
eligibility to participate in the  RCSBP  in  Jul  93.   His  election
package was mailed to him by certified mail and was signed for by  his
mother on 10 Jun 93.  There was no evidence that  the  service  member
made an election at that time.  The service member  was  automatically
enrolled in Option A, deferred election until age 60 at the end of the
90-day suspense.  HQ ARPC notified the service member of the 1 Mar  99
to 28 Feb 00 RCSBP open enrollment.  The notification  was  mailed  to
his home address from the open season master listing maintained by  HQ
ARPC.  The notification was not returned  to  ARPC  as  undeliverable.
There is no record that the service member made an election during the
open enrollment season.  The service  member  failed  to  elect  RCSBP
coverage when he was initially eligible and he also  failed  to  elect
coverage during the open  enrollment.   It  is  unfortunate  that  the
service member died before electing coverage  under  the  RCSBP.   The
applicant is eligible for other benefits as the unremarried widow of a
retirement eligible service member.  She is eligible  to  utilize  the
Commissary, Base Exchange and other base services.  As of  26  Jun  01
she was eligible to receive medical care under  the  Tricare  program.
The  applicant  may  be  entitled  to  benefits  under  the   Veterans
Administration  (VA).   ARPC/DPS  recommends  she  contact   the   VA.
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 22 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
service member was notified by  certified  mail  in  Jun  93,  of  his
eligibility to participate in RCSBP.   The  notification  package  was
signed for by his mother on 10 Jun 93.  He did not elect  coverage  at
that time. The service member had another opportunity to  elect  RCSBP
coverage during an authorized open season enrollment, but failed to do
so.  Therefore, it appears that the service member was notified on two
different occasions of his eligibility to enroll in RCSBP but did  not
apparently choose to exercise his opportunity to elect coverage.   The
applicant, as a widow of a retirement eligible member,  apparently  is
eligible for other benefits, such as the Commissary, Base Exchange and
Tricare.   Also,  the  Board  suggests  she   contact   the   Veterans
Administration to determine her possible eligibility for benefits.  In
view of the foregoing and in the absence of  substantial  evidence  to
the contrary, we find no compelling basis to  recommend  granting  the
relief sought in this application.

4.    The applicant's case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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-
03523 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 5 Dec 01, w/atchs.
      Exhibit B. Letter, HQ ARPC/DPS, dated 12 Feb 02, w/atchs.
      Exhibit C. Letter, SAF/MRBR, dated 22 Feb 02.




                             DAVID C. VAN GASBECK
                             Panel Chair

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