RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01470
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:
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.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPS states the applicant was notified of his eligibility to
participate in the RCSBP in Mar 94. His election package was mailed
to him by certified mail and was signed for by his wife on 5 Mar 94.
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 29 Feb 00 open enrollment
for RCSBP. The notification was mailed to his home address from the
master listing maintained by HQ ARPC. The applicant failed to elect
RCSBP coverage when he had the opportunities to do so. He will have
another opportunity to
elect RCSBP when he reaches age 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:
The applicant states the RCSBP package did not clearly identify he had
a 90-day suspense. He did not open the letter until the end of May
94. It was only then that he realized he had deadline to make an
election. He elected Option C on 31 May 94 and returned the package
by first class mail before the deadline. He did not make an election
during open enrollment season because he thought he already had
coverage under the election he made in 1994.
Applicant's complete response is attached at Exhibit D.
_________________________________________________________________
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 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 Board
notes the applicant did not elect RCSBP coverage within the required
timeframe and was automatically enrolled under Option A. He 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 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 02-
01470 in Executive Session 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 11 Apr 02, w/atchs.
Exhibit B. Letter, HQ ARPC/DPS, dated 3 Jul 02, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 9 Jul 02.
Exhibit D. Applicant's Response, dated 2 Aug 02.
BARBARA A. WESTGATE
Chair
AF | BCMR | CY2002 | BC-2002-00516
_________________________________________________________________ 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...
_________________________________________________________________ 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...
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...
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
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.
As of this date, no response has been received by this office (Exhibit C). 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 on two occasions of his eligibility to enroll in RCSBP but did not elect coverage either time.
AF | BCMR | CY2004 | BC-2004-00593
While he was notified by mail of this opportunity, no evidence exists to show he made an election. DPS states the member had two opportunities to elect the coverage he felt he needed at those times. 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...
_________________________________________________________________ APPLICANT'S REVIEW OF AIR STAFF EVALUATION: Applicant’s counsel provided a response to the Air Force evaluation, which included another letter from the applicant, her son-in-law and a friend of the deceased military member. 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...
AF | BCMR | CY2003 | BC-2003-02455
There is no evidence he made an election at that time. The applicant was sent an open enrollment letter to his home address during the RCSBP open enrollment season, 1 March 1999 to 28 February 2000. During the RCSBP open enrollment season from 1 March 1999 to 28 February 2000, records indicate the applicant was notified.
APPLICANT CONTENDS THAT: Her deceased husband planned to take his Air Force retirement at age 60. 6 98-01709 On 28 December 1981, ARPC/DPAAR notified the spouse of the deceased member that an RCSBP election had not been received by the deadline and informed her that RCSBP coverage was not in effect and no further election could be made until the member reached age 60. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion...