RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03708
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reserve Component Survivor Benefit Plan (RCSBP) election be
corrected to reflect that he chose Option C (full, immediate annuity)
so his spouse would be authorized to receive an annuity.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He cannot remember this benefit being offered to him at retirement;
nor does he believe he was counseled properly on the entire benefit.
The applicant’s complete submission, including a letter from his
member of Congress, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The RCSBP package, sent by certified mail, was signed for on 24
November 1997. Applicant’s date of birth is 19 December 1958.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPS recommends denial. DPS states that the applicant had two
opportunities to insure his benefit option covered his spouse. They
state that even if the applicant did not receive a clear picture of
his benefit options at retirement he had another chance at a
subsequent open season from February 1999 through February 2000.
(Exhibit C)
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
17 Jaunuary 2003 for review and comment within 30 days. As of this
date, there has been no response received by this office. (Exhibit D)
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
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. In fact, the evidence of record shows that the
applicant received the initial RCSBP package at his home on 21
November 1997, and did not respond to it. A subsequent open season
was also not acted on. Therefore, in the absence of 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 BC-
2002-03708 in Executive Session on 8 April 2003, under the provisions
of AFI 36-2603:
Mrs. Kathy L. Boockholdt, Panel Chair
Mr. Joseph A. Roj, Member
Mr. Roscoe Hinton, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Nov 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ARPC/DPS, dated 3 Jan 03, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 17 Jan 03.
KATHY L. BOOCKHOLDT
Panel Chair
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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.
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AF | BCMR | CY2007 | BC-2007-01076
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AF | BCMR | CY2003 | BC-2003-01245
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