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AF | BCMR | CY2003 | BC-2003-01117
Original file (BC-2003-01117.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER: BC-2003-01117

                 INDEX CODE:       137.01
                 COUNSEL:  None

                       HEARING DESIRED:  No
_________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased husband’s records be corrected to show that he elected to
participate in the Reserve Component  Survivor  Benefit  Plan  (RCSBP)
annuity.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her husband completed and returned all necessary paperwork  to  enroll
in the RCSBP but it was misplaced by ARPC.

In support of her request, applicant  provided  a  copy  of  her  late
husband’s Certificate of Death, and a personal statement.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The former member was eligible to participate in the RCSBP  on  23 May
1996 when he was notified  of  completing  20  satisfactory  years  of
service.  The election package was sent and certified received  on  16
September 1996.  There is no evidence he  made  an  election  at  that
time.  At the  end  of  his  90-day  suspense,  he  was  automatically
enrolled in Option A, Deferred Election  Until  Age  60.   During  the
RCSBP open  enrollment,  March  1999  to  29  February  2000,  records
indicate that the member was notified but did not respond  within  the
90 days as required by law.

The former member remained eligible to elect coverage under RCSBP upon
reaching age 60, but he passed away prior to reaching age 60.

________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPS recommends denial.  The former member had opportunities to
elect RCSBP coverage for the applicant but failed to do  so.   He  did
not respond within 90 days as required by law  and  no  injustice  has
occurred.

The DPPTR evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 23 May 2003, for review and response.  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 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.  After a thorough review  of  the
evidence of record and applicant’s submission, we  are  not  persuaded
that the deceased member’s records  should  be  altered  so  that  his
spouse would be eligible  to  receive  an  SBP  annuity.   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.   We  therefore  agree  with  the
recommendation of the Air Force and adopt the rationale  expressed  as
the basis for our decision that the applicant has  failed  to  sustain
her burden of having suffered either an error  or  an  injustice.   In
view of the above and absent to persuasive evidence to  the  contrary,
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  BC-2003-
01117 in Executive Session on 30 September 2003 under  the  provisions
of AFI 36-2603:

                  Mr. David C. Van Gasbeck, Panel Chair
                  Mr. Mike Novel, Member
                  Mr. Roscoe Hinton, Jr., Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 26 Mar 03, w/atchs.
   Exhibit B.  Letter, HQ ARPC/DPS, dated 9 May 03, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 23 May 03.





                                   DAVID C. VAN GASBECK
                                   Panel Chair

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