RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01245
INDEX CODE: 137.00, 137.01
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be changed to show he elected to participate in the
Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
In 1997, upon attaining 20 years in the Air Guard, he did not submit
an SBP election due to personal issues in his life at that time. In
1999, during an open enrollment period, he completed the paperwork,
but was informed by the local Military Personnel Flight (MPF) that
there was an automatic default to survivor benefits if the new packet
was not returned. During his retirement out-processing, ARPC informed
him that he was not entitled to survivor benefits because he had not
sent in the required forms. He was informed that the automatic
default was applicable to those who were retiring after the date of
the new open enrollment period. He had every intention to follow the
guidelines as prescribed, but was misinformed by the MPF at that time.
No supporting documents were submitted with this request. However, a
Congressional inquiry was presented in behalf of the applicant. The
applicant’s complete submission, with the Congressional inquiry, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 30 April 1997, the applicant completed 20 years of satisfactory
Federal service. On 2 April 2003, his name was placed on the retired
Reserve list, awaiting pay.
The remaining 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:
HQ ARPC/DPS recommends the application be denied. DPS states that the
applicant was eligible to participate in the RCSBP on 30 April 1997.
The election package was signed for by the applicant on 31 October
1997. There is no evidence he made an election at that time. The
applicant was notified of the RCSBP open enrollment seasons (March
1999 to 28 February 2000). Open enrollment is for members who had
elected less than full coverage for their spouses and were able to
elect or increase coverage. DPS has no record showing the applicant
made an election at this time. DPS states that the applicant had
numerous opportunities to make an election. The package clearly
states to call with questions regarding RCSBP. The evidence provided
does not indicate any injustice has occurred. The HQ 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 applicant on 23
May 03 for review and response. As of this date, no response has been
received by this office (Exhibit C).
_________________________________________________________________
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 unpersuaded that
his records should be corrected to show he elected coverage in the
Reserve Component Survivor Benefit Plan (RCSBP). His contentions are
duly noted; however, we do not find these uncorroborated assertions,
in and by themselves sufficiently persuasive to override the rationale
provided by the Air Force office of primary responsibility. The
evidence reflects that the RCSBP package was forwarded to the former
member during the 1 March 1999 to 28 February 2000 open enrollment.
However, there is no evidence showing the former member returned an
election certificate indicating his intent for election of spouse
coverage in the RCSBP. We therefore agree with the opinion of the
office of primary responsibility and conclude that the applicant has
failed to sustain his burden that he has suffered either an error or
an injustice. We note applicant’s contention that, in 1999, he was
advised of an automatic coverage if an enrollment election was not
made. It appears the applicant is referring to the change in law
concerning automatic coverage if a member does not respond within the
90-day period of signing for his RCSBP package. This provision of law
did not take effect until 1 January 2001; therefore, it did not apply
to the applicant in 1999. In view of the above and absent 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 Docket Number BC-2003-
01245 in Executive Session on 26 June 2003, under the provisions of
AFI 36-2603:
Mr. Joseph A. Roj, Panel Chair
Mr. Roscoe Hinton, Member
Mr. William H. Anderson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Feb 03, and a Congressional
inquiry, dated 10 June 2003, w/atchs.
Exhibit B. Letter, HQ ARPC/DPS, dated 9 May 03, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 23 May 2003.
JOSEPH A. ROJ
Panel Chair
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However, he has just discovered that his 1999 survivor benefit election was listed as “having not been received.” In support of his request, the applicant submits a personal statement, copies of medical records and additional documents associated with the issues cited in his contentions. The remaining 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...