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AF | BCMR | CY2003 | BC-2002-03298
Original file (BC-2002-03298.doc) Auto-classification: Denied

                   RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03298
            INDEX CODE:  137.01, 137.04
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Reserve Component Survivor Benefit Plan (RCSBP) package be  resent
to allow him the time for proper receipt and completion of election.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The original RCSBP package was mailed to his  old  address  on      27
December 2000 and his minor daughter, who is  twelve  (12)  years  old
signed for the package. He states that during this time he was packing
items for moving/storage and preparing to sell  his  house.   He  also
states that he started a new job on 2 January  2001  and  was  in  the
process of moving when the package was delivered.

In support of his request, the applicant provided a copy of his  Inova
Health System Employee Profile, reflecting a 2 January 2001 hire date.


Applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant currently serves in the grade of Lieutenant  Colonel  in
the Air Force Reserves, as an Individual Mobilization Augmentee (IMA).
 The applicant was notified of his eligibility to participate  in  the
RCSBP when he  was  first  eligible  on         3  August  2000.   The
election package was sent by certified mail to  his  address  at     6
Blackwater Lane, Hampton, VA.  The applicant’s daughter signed for the
package on 27 December 2000.  There is no evidence he made an election
at that time.  At the end of his 90-day suspense on 28 March 2001, the
applicant was automatically enrolled in Option A,  “Deferred  election
until age 60.”

________________________________________________________________


AIR FORCE EVALUATION:

HQ ARPC/DPS reviewed applicant’s request and recommends  denial.   DPS
states that members must  complete  an  election  within  90  days  of
receipt of the RCSBP package.  Otherwise, the member remains  eligible
to make an election at age 60.  The package clearly identified the 90-
day suspense and the applicant failed to elect coverage  when  he  was
eligible.

The DPS evaluation, with attachment, is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:


Applicant responded to the advisory and states  that  he  believes  he
should be allowed the opportunity to  revisit  and  change  his  RCSBP
election.  He  states  that  his  minor  daughter  receipted  for  the
package, and that he was deeply involved in a career change and in the
process of relocating during the exact time the package was  received.
He states that given the opportunity to select a preference, he  would
elect option C, since it is  his  desire  that  his  wife  and  family
immediately receive retired pay if his death occurs before he  reaches
age 60.


A complete copy of the applicant’s response, with attachments,  is  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 an error or injustice.  In this respect, we note that
the Air Force, in accordance with  established  procedures,  sent  the
applicant an election  package  by  certified  mail  to  his  address.
Applicant states that the package was signed for by his  daughter  and
due to the selling of his house, he did not realize  the  package  had
been received.  While it is unfortunate that the applicant  failed  to
make an election prior to the 90-day suspense, we find no error on the
part of the Air Force  in  regards  to  the  notification  and,  while
unfortunate,  we  do  not  believe  that   based   on   the   existing
circumstances that the applicant has been the victim of an  injustice.
It should be noted that applicant remains eligible to make an election
upon reaching age 60.  Therefore, in the absence of  evidence  to  the
contrary, we find no basis upon which to recommend favorable action on
this application.

_________________________________________________________________


THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of an material error or an  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  BC-2002-
03298 in Executive Session on 8 April 2003, under  the  provisions  of
AFI 36-2603:

                 Mrs. Kathy L. Boockholdt, Chair
                 Mr. Joseph A. Roj, Member
                 Mr. Roscoe Hinton, Jr., Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 24 Sep 02, w/atchs.
      Exhibit B. Letter, HQ ARPC/DPS, dated 26 Nov 02, w/atchs
      Exhibit C. Letter, SAF/MRBR, dated 6 Dec 02.
      Exhibit D. Applicant's response, dated 22 Jan 03, w/atchs.




      KATHY L. BOOCKHOLDT

      Chair


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