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AF | BCMR | CY2003 | BC-2003-01300
Original file (BC-2003-01300.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01300
            INDEX CODE:  137.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be changed to show he elected to participate in the Reserve
Component Survivor Benefit Plan (RCSBP) with an annuity based  on  the
full amount of retired pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His records currently show RCSBP option A (Decline to make an election
until age 60), which he believes is unjust.  In 1994 his ARPC Form 123
was not returned and at that time Option A was automatically  presumed
without the requirement of consent by his spouse.  Even though receipt
information asserts that his wife signed for the RCSBP packet, neither
she nor he  remembers  having  contact  with  the  packet.   During  a
conversation with ARPC last year he discovered that his  wife  had  no
survivor benefit coverage.  ARPC recommended that he  petition  for  a
change of record to establish his and his wife’s definite  desire  for
RCSBP protection.

Applicant did not submit any documents in support of the appeal.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was notified of his eligibility to  participate  in  the
RCSBP on 1  May  1994  when  he  was  notified  he  had  completed  20
satisfactory years of service.   The  election  package  was  sent  by
certified mail and signed for by Mrs. D--- K--- on 2  September  1994.
A detailed package was sent to applicant’s mailing address.  There  is
no evidence the applicant made an election at that time.  At  the  end
of the 90-day suspense, applicant was automatically enrolled in Option
A, Deferred election until age 60.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPS states that during their RCSBP open enrollment season,  March
1999 to 28 February 2000, their records indicate  that  the  applicant
was notified at his home of record.  They  have  no  record  that  the
applicant made an election at that time.   Therefore,  they  recommend
denial of applicant’s request.

A complete copy of the evaluation, with attachments,  is  attached  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 23 May 2003, a copy of the Air Force evaluation  was  forwarded  to
the applicant for review and response 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 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
and adopt their rationale as the basis for  the  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
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  this  application  in
Executive Session on 26 June 2003, under the  provisions  of  AFI  36-
2603:

                       Mr. Joseph A. Roj, Panel Chair
                       Mr. Roscoe Hinton, Jr., Member
                       Mr. William H. Anderson, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 10 Apr 03.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, ARPC/DPS, dated 9 May 03.
      Exhibit D. Letter, SAF/MRBR, dated 23 May 03.




                             JOSEPH A. ROJ
                             Panel Chair

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