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AF | BCMR | CY2003 | BC-2003-02455
Original file (BC-2003-02455.doc) Auto-classification: Denied

                   RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02455
            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 B (Deferred Annuity)  and  not
Option A (Deferred election until age 60).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not receive a notice of the open season in 1999.  Had  he  been
notified he would have elected option B.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

He was notified of his eligibility to participate in the RCSBP  on  11
February 1996, when he was first eligible.  The election  package  was
sent by certified mail to his address and signed for on  2  May  1996.
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.  The applicant was  sent  an  open
enrollment letter to his home address during the RCSBP open enrollment
season, 1 March 1999 to 28 February 2000.  There is no record that  he
made an election at that time.

________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPS reviewed applicant’s request and recommends denial.
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 22
Aug 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 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 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, or during the RCSBP open enrollment season,  1
March 1999 to 28 February 2000, we find no error on the  part  of  the
Air Force in regards to the notification process.  We do  not  believe
that based on the existing circumstances that the applicant  has  been
the victim of an error or an injustice.  It should be noted  that  the
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-
02455 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 16 Jul 03.
      Exhibit B. Letter, HQ ARPC/DPS, dated 14 Aug 03, w/atchs.
      Exhibit C. Letter, SAF/MRBR, dated 22 Aug 03.





      DAVID C. VAN GASBECK

      Panel Chair


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