RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01246
INDEX CODE: 137.01, 137.04
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reserve Component Survivor Benefit Plan (RCSBP) package be
corrected to reflect he selected Option C (Immediate coverage for
spouse) and not Option A (Deferrred election until age 60).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He and his spouse are in non-concurrence and his spouse was not
available and therefore not properly briefed.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Air National Guard on 1 March 2003 in
the grade of Colonel. He was notified of his eligibility to
participate in the RCSBP when he was first eligible. The election
package was sent by certified mail to his address and signed for on 3
August 1994. There is no evidence he made an election at that time.
At the end of his 90-day suspense 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. The
RCSBP package sent to the applicant had instructions to contact the
Entitlements Branch if he had any questions. There is no proof of any
willful intent to mislead the applicant into choosing Option A. The
cover letter clearly states that if the member is married, he should
discuss the options with his spouse.
Additionally, during the RCSBP open enrollment season from 1
March 1999 to 28 February 2000, records indicate the applicant was
notified. Open enrollment is for members who had previously elected
less than full coverage for their spouses and were able to elect or
increase coverage. There is no record that he made an election at
that time.
The DPS evaluation, with attachments, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 23
May 2003 for review and comment within 30 days. 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 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. 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-2003-
01246 in Executive Session on 26 June 2003, under the provisions of
AFI 36-2603:
Mr. Joseph A. Roj, Panel Chair
Mr. William H Anderson, Member
Mr. Roscoe Hinton, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Mar 03.
Exhibit B. Letter, HQ ARPC/DPS, dated 16 May 03, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 23 May 03.
JOSEPH A. ROJ
Panel Chair
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