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AF | BCMR | CY2002 | BC-2002-00065
Original file (BC-2002-00065.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00065
            INDEX CODE: 137.00, 137.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO



_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to show  he  elected  to  participate  in  the
Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________

APPLICANT CONTENDS THAT:

In 1999, he elected for his wife to receive survivor benefits  in  the
event of his death.  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 applicant’s complete submission,
with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently on the Retired Reserve List  awaiting  pay.
He has completed 20 years,  9  months  and  29  days  of  satisfactory
service.

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 C.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPS recommends the application be denied.  DPS stated that the
applicant was notified  of  his  eligibility  to  participate  in  the
Reserve Component Survivor Benefit Plan  (RCSBP)  when  he  was  first
eligible in Apr 92.  The election package was sent by  certified  mail
and was signed for by the applicant on 8 Apr 92.  There is no evidence
he made an election at that time.  At the end of his  90-day  suspense
on 4 Jul 92, he was  automatically  enrolled  in  Option  A,  Deferred
election until age 60.  During the 1 Mar 99 to 28 Feb  00  RCSBP  open
enrollment, the applicant was notified of an opportunity to enroll  in
the RCSBP.  Although the applicant stated he mailed an  election  form
in during this time period,  there  is  no  record  that  a  form  was
received at that time.  The applicant will have another opportunity to
make an election when he reaches retirement age 60.  The  HQ  ARPC/DPS
evaluation, with attachments, is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion  and  indicated  that  the
election was made and mailed.  Even though the appropriate  Air  Force
office did not receive it, it was not returned  to  him.   He  had  no
prior knowledge that his election request had not been  processed.   A
complete copy of the applicant’s response,  with  attachments,  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 probable error or injustice.  After a thorough review
of  the  evidence  of  record  and  applicant’s  submission,  we   are
unpersuaded that his records should be corrected to  show  he  elected
coverage in the Reserve Component Survivor Benefit Plan (RCSBP).   His
contentions  are  duly  noted;  however,  we   do   not   find   these
uncorroborated  assertions,  in   and   by   themselves   sufficiently
persuasive to override the rationale provided by the Air Force  office
of primary responsibility.   The  evidence  reflects  that  the  RCSBP
package was forwarded to the former member during the 1 Mar 99  to  28
Feb 00 open enrollment.  However, there is  no  evidence  showing  the
former member returned an election certificate indicating  his  intent
for election of spouse coverage in the RCSBP.  We therefore agree with
the recommendation of the Air Force office of  primary  responsibility
and conclude that the applicant has failed to sustain his burden  that
he has suffered either an  error  or  injustice.   While  we  are  not
unsympathetic to the applicant’s situation, in view of the  above  and
in the absence of sufficient 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  this  application  in
Executive Session on 23 April 2002, under the provisions  of  AFI  36-
2603:

                  Mr. David C. Van Gasbeck, Panel Chair
                  Mr. Roscoe Hinton Jr., Member
                  Ms. Patricia D. Vestal, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 29 Dec 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/DPS, dated 8 Mar 02, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 15 March 2002.
   Exhibit E.  Letter from Applicant, dated 6 Apr 02, w/atchs.




                                   DAVID C. VAN GASBECK
                                   Panel Chair

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