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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