Search Decisions

Decision Text

AF | BCMR | CY2002 | 0200602
Original file (0200602.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00602
            INDEX CODE:  137.03

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be changed to show he  declined  coverage  in  the  Reserve
Component Survivor Benefit Plan (RCSBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  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.

EXAMINER’S NOTE:  ARPC’s  records  reflect  applicant’s  SBP  election
certificate was received on 20 February 2002.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPS states that applicant was  notified  of  his  eligibility  to
participate in the RCSBP when he was  first  eligible  on           13
November 2001.  The election package was sent by  certified  mail  and
was signed for by the applicant on that day.  There is no evidence  he
declined coverage at that time.  They further state  that  while  they
sympathize with applicant,  they  do  not  believe  an  injustice  has
occurred.  Therefore, they recommend denial of applicant’s request.  A
complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 28 May 2002, a member of Congress submitted a statement in  support
of applicant stating that due to the fact that applicant was  deployed
for a considerable amount of  time  during  the  suspense  period,  he
believes that the two days should have  been  considered  as  a  grace
period when the final  decision  was  made  denying  his  request  for
correction.

A copy of  Congressman’s  letter,  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 timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  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 Staff
and adopt their rationale as the basis for  our  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 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  on  16
August 2002, under the provisions of AFI 36-2603:

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

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 13 Feb 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPS, dated 19 Apr 02, w/atch.
   Exhibit D.  Letter, AFBCMR, dated 26 Apr 02.
   Exhibit E.  Congressman’s Letter, dated 28 May 02, w/atch.




                                   BARBARA A. WESTGATE
                                   Chair

Similar Decisions

  • AF | BCMR | CY2002 | 0201652

    Original file (0201652.doc) Auto-classification: Denied

    The member remained eligible to make the election at age 60. 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 office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Exhibit E. Letter, Applicant’s Congressman statement, dated 31 Jul 02.

  • AF | BCMR | CY2002 | BC-2002-01652

    Original file (BC-2002-01652.doc) Auto-classification: Denied

    The member remained eligible to make the election at age 60. 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 office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Exhibit E. Letter, Applicant’s Congressman statement, dated 31 Jul 02.

  • AF | BCMR | CY2002 | 0201470

    Original file (0201470.doc) Auto-classification: Denied

    He did not make an election during open enrollment season because he thought he already had coverage under the election he made in 1994. The Board notes the applicant did not elect RCSBP coverage within the required timeframe and was automatically enrolled under Option A. The applicant was notified on two occasions of his eligibility to enroll in RCSBP but did not elect coverage either time.

  • AF | BCMR | CY2002 | 0103633

    Original file (0103633.doc) Auto-classification: Denied

    The ARPC/DPS evaluation, with attachments, is at Exhibit C. _________________________________________________________________ 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 within 30 days. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that relief should be granted. ...

  • AF | BCMR | CY2002 | BC-2002-00516

    Original file (BC-2002-00516.doc) Auto-classification: Denied

    _________________________________________________________________ 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 at Exhibit B. DPS states that both election packages were mailed to the address he had on file and neither was returned because of an erroneous address. We took notice of the applicant's complete submission in judging the merits...

  • AF | BCMR | CY2002 | 0200516

    Original file (0200516.doc) Auto-classification: Denied

    _________________________________________________________________ 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 at Exhibit B. DPS states that both election packages were mailed to the address he had on file and neither was returned because of an erroneous address. We took notice of the applicant's complete submission in judging the merits...

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

  • AF | BCMR | CY2002 | BC-2002-00555

    Original file (BC-2002-00555.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: At the time he received the RCSBP election package he did not know whether he was going to retire or not. _________________________________________________________________ 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). After a thorough...

  • AF | BCMR | CY2002 | 0200727

    Original file (0200727.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-00727 INDEX CODE 137.01 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her late husband's records be corrected so that she may be eligible for a Survivor Benefit Plan (SBP) annuity. She feels she is entitled to any and all benefits regarding her spouse, as this is what he would have chosen had he not been...

  • AF | BCMR | CY2002 | 0200918

    Original file (0200918.doc) Auto-classification: Denied

    Insufficient relevant evidence has been presented to demonstrate the existence of 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 Staff and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. _________________________________________________________________ The following members of the Board...