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AF | BCMR | CY2004 | BC-2003-02519
Original file (BC-2003-02519.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02519
            INDEX CODE:  137.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased spouse’s record be changed to show he  elected  to  participate
in the Reserve Component Survivor Benefit Plan (RCSBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was not made aware of,  nor  did  she  concur  with  her  spouse’s  non-
election of the RCSBP program.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The servicemember was advised by ARPC in a letter dated 31  May  1983,  that
he was eligible to participate in RCSBP and that he  had  90-days  from  the
date of the letter to submit his application.  There is no evidence  in  the
record the servicemember made an election within the 90-day period.

The applicant was advised by AFPC in a letter dated 26 September 1983,  that
an RCSBP application had not been received at their  headquarters  from  her
spouse and there was no  RCSBP  coverage  in  effect.   The  servicemember’s
election had been deferred to age 60.  The applicant signed for this  letter
on 5 October 1983.

During the open enrollment season from 1 April 1992 through  31 March  1993,
the servicemember was advised of his opportunity to  elect  RCSBP  coverage.
There is no evidence in the record he made an election at that time.



The servicemember died on 7 February 1998.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPS recommended denial.  They indicated that the applicant  claims  she
was unaware of the RCSBP option her husband selected.   A  certified  letter
was sent 26 September  1983  from  their  Retirement  Branch  notifying  the
applicant that her spouse did not make an election  which  she  signed  for.
If the decision is to grant the relief sought,  the  servicemember’s  record
should be corrected to show he elected  full,  immediate  coverage  for  his
spouse (Option C), based on full-retired pay under the RCSBP,  effective  20
December 1983.

The evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 October 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 an error or injustice.  The applicant  contends  that  she  was
not made aware of, nor did she concur with her spouse’s non-election of  the
RCSBP program.  However, we note that the  Air  Force,  in  accordance  with
established procedures, advised the servicemember in a letter dated  31  May
1983, that he was eligible to participate in RCSBP and that he  had  90-days
from the date of the letter to submit his application.  ARPC has  no  record
of receiving an election from the  servicemember.   As  a  consequence,  the
applicant  was  advised  by  AFPC  on  26  September  1983,  that  an  RCSBP
application had not been received  from  her  spouse,  there  was  no  RCSBP
coverage in effect, and the election had  been  deferred  to  age  60.   The
applicant signed for this letter on 5 October 1983.  The  servicemember  had
another opportunity to elect coverage during the 1  April  1992  through  31
March 1993 RCSBP open enrollment period but, apparently  failed  to  do  so.
While it is unfortunate the servicemember failed to make an election, we  do
not believe that  the  applicant  has  been  the  victim  of  an  injustice.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an 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 AFBCMR Docket Number  BC-2003-
02519 in Executive Session on 27 January 2004, under the provisions  of  AFI
36-2603:

                 Mr. Joseph A. Roj, Panel Chair
                 Ms. Leslie E. Abbott, Member
                 Mr. Mike Novel, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 12 March 2003, w/atchs.
   Exhibit B.  Letter, ARPC/DPS, dated 14 October 2003, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 17 October 2003.




                       JOSEPH A. ROJ
                       Panel Chair

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