Search Decisions

Decision Text

AF | BCMR | CY2002 | BC-2002-00516
Original file (BC-2002-00516.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00516
            INDEX CODE:137.04
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record reflect  that  he  elected  coverage  in  the  Reserve  Component
Survivor Benefit Plan (RCSBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to his relocation after his divorce, he  never  received  the  certified
RCSBP package.

In support of his appeal applicant submits a copy  of  his  divorce  decree.
The applicant’s complete submission, with attachment, 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 at Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPS  recommends  the  application  be  denied.   DPS  states  that  the
applicant was first notified of his eligibility for the RCSBP in March  1998
when he was married and did not make an election.  In addition, states  DPS,
the applicant did not elect coverage during the open enrollment season of  1
March 1999 to 29 February 2000.  DPS  states  that  both  election  packages
were mailed to the address he had on file and neither was  returned  because
of an erroneous address.

The ARPC/DPS evaluation, with attachments, is at Exhibit B.

_________________________________________________________________



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  26
April 2002.  As of this date, this office has received no response.

_________________________________________________________________

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  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.
Therefore, in the absence of persuasive 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 13 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 for AFBCMR  Docket  Number  02-00516  was
considered:

    Exhibit A.  DD Form 149, dated 2 February 2002.
    Exhibit B.  Letter, ARPC/DPS, dated 19 April 2002 w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 26 April 2002.





                                             BARBARA WESTGATE
                                             Chair

Similar Decisions

  • 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 | 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 | 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 | 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). A complete copy of the evaluation is attached at Exhibit...

  • 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 | 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 | BC-2002-00078

    Original file (BC-2002-00078.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: When he remarried on 12 Mar 99, he advised ARPC of his change in marital status and was never counseled by ARPC that he had a year to cancel his SBP benefit coverage on his new spouse. Member stated he contacted ARPC after his remarriage and was not counseled that he had one year to cancel his RCSBP benefit. The ARPC/DPS evaluation is at Exhibit...