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AF | BCMR | CY2002 | 0200387
Original file (0200387.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00387

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that  he  elected  Option  C  (Immediate
Annuity), spouse and children, under the Reserve Component Survivor  Benefit
Plan (RCSBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Neither he, nor his spouse, recall receiving the RCSBP  package  to  make  a
selection of the benefits.

The applicant states that he was  informed  by  the  Air  Reserve  Personnel
Center (ARPC) on 16 January 2002, that he was considered  non-responsive  on
27 July 1999.  He and his family moved to a new  address  within  the  local
area in June of 1999 and can only assume that  the  paperwork  was  lost  or
misplaced during the move.

The applicant’s complete submission, with attachments, is at 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 (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPS recommends the application be denied and states, in part, that  the
applicant was notified of his eligibility to participate  in  the  RCSBP  by
certified mail when he was first eligible.   He  signed  for  the  certified
mail on 28 April 1999, and there is no evidence he made an election at  that
time.  As a result, he was automatically  enrolled  in  Option  A,  Deferred
Election.

The ARPC/DPS evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states, in part, that  at  the  time  he  received  the  RCSBP
notification package his house was being packed-up and he honestly does  not
recall receiving the package.  In addition, when  he  discussed  this  issue
with his Air National Guard (ANG) orderly room, he was incorrectly  advised.
 In  view  of  his  25  years  of  faithful  service,  he  prays  that  this
technicality and oversight will not preclude his family from  receiving  the
benefits he has worked so hard for.

The applicant’s complete response, with attachment, is at Exhibit E.

_________________________________________________________________

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 error or injustice.  After a thorough review  of  the  evidence
of record and applicant’s submission,  we  are  not  persuaded  that  relief
should be granted.  Applicant’s contentions are duly noted; however,  we  do
not find these assertions, in and by themselves, sufficiently persuasive  to
override the rationale provided by the Air Force.   The  office  of  primary
responsibility has  adequately  addressed  applicant’s  contentions  and  we
agree with their opinion and we adopt the rationale expressed as  the  basis
for our decision that the applicant has failed to sustain  his  burden  that
he has suffered either  an  error  or  an  injustice.   Hence,  we  find  no
compelling basis to recommend granting the relief sought.
_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of 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  Docket  Number  02-00387  in
Executive Session on 16 August 2002, under the provisions of AFI 36-2603:

                  Mrs. Barbara A. Westgate, Chair
                  Mr. Roscoe Hinton, Jr., Member
                  Mr. Joseph A. Roj, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 22 Jan 02, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, ARPC/DPS, dated 22 Mar 02, w/atch.
      Exhibit D.  Letter, SAF/MRBR, dated 5 Apr 02.
      Exhibit E.  Letter, Applicant, dated 15 Apr 02, w/atchs.




             BARBARA A. WESTGATE
             Chair

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