RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00555
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to enroll in the Reserve Component Survivor Benefit Plan
(RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
At the time he received the RCSBP election package he did not know whether
he was going to retire or not. He also did not realize that it was the
only time that he could make an election.
The applicant states that the Reserves do not give a retirement briefing or
give any information on what needs to be done prior to retiring like the
active duty does.
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 failed to make an election when he was initially eligible in May
2000, and will have another opportunity to make an election at age 60. The
applicant was notified of his eligibility to participate in the RCSBP by
certified mail. Prior to 1 January 2001, a member who did not make an
election by the end of the 90-day suspense period was automatically
enrolled in Option A (Deferred Election).
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 12 April 2002 for review and response within 30 days. However, as of
this date, no response has been received by this office.
_________________________________________________________________
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 02-00555 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 6 Feb 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPS, dated 25 Mar 02, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 12 Apr 02.
BARBARA A. WESTGATE
Chair
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 | 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...
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...
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. ...
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...
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...
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.
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...