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AF | BCMR | CY2003 | BC-2003-02263
Original file (BC-2003-02263.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02263
            INDEX CODE:  137.04

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he elected  to  participate  in
the Reserve Component Survivor Benefit Plan (RCSBP).

___________________________________________________________________

APPLICANT CONTENDS THAT:

His 20-year letter came  at  the  same  time  he  was  leaving  the
California National Guard and being accepted in the California  Air
National Guard.  He completed his  SBP  Election  Certification  in
Nov 99.  Since that time, he has been diagnosed with  Frontal  Lobe
Dementia and Lou Gehrig’s disease.

In support of his appeal, applicant submitted a copy  of  his  ARPC
Form 123, RCSBP Election Certificate; a copy of his 20-year letter,
w/atch, dated 1 Aug 97; a copy of  a  letter  from  his  physician,
dated 24 Jun 03; a copy of his NGB Form 22, dated 30  May  99;  and
copies of his discharge and retirement orders.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant was transferred to the Retired Reserve Section  effective
1 Jun 99.  His date of birth (DOB) is 16 Mar 53.  He  was  notified
of his eligibility to participate in the RCSBP when  he  was  first
eligible on 13 Jun 99.  The election package was sent by  certified
mail to the applicant’s current address.  Applicant signed for  the
package on 6 Nov 99.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPS  reviewed  this  application  and  recommended  denial.
According to Title 10 USC, Section 1448a(2), a member must complete
an election within 90 days of receipt; otherwise the member remains
eligible to make an  election  at  age  60.   The  package  clearly
identified the 90-day suspense and there is no  evidence  applicant
made an election at that time.  At the end of his  90-day  suspense
on 4 Feb 00, he was automatically enrolled in Option  A,  “Deferred
election until age 60.”  He did not make an election and he remains
eligible to make an election at age 60.

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

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In the applicant’s response, he states in Feb 02, he began to  have
physical symptoms from what now has been identified (in Apr 03)  as
Frontal Temporal Dementia and Lou Gehrig’s disease  commonly  known
as FTD and ALS.  He has been given 12 to 14 months to live  and  if
this prediction is correct he will not be around at age 60 to  make
the election he thought he made on 14 Nov 99.

In support of his appeal, applicant provided a copy of his civilian
employee performance appraisal, dated 20 Dec 02.

Applicant’s complete response, with attachments, is at Exhibit E.

___________________________________________________________________

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.   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-2003-02263 in Executive Session on 30 September 2003, under  the
provisions of AFI 36-2603:

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

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Jul 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPS, dated 24 Jul 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Aug 03.
    Exhibit E.  Letter, Applicant, dated 21 Aug 03, w/atchs.




                                   DAVID C. VAN GASBECK
                                   Panel Chair

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