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AF | BCMR | CY2004 | BC-2004-00593
Original file (BC-2004-00593.doc) Auto-classification: Denied





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00593
            INDEX CODE:  137.04

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be changed to  show  he  elected  to  participate  in  the
Reserve Component Survivor Benefit Program (RCSBP) when he retired  in
February 1998.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He is not now covered by RCSBP and his next opportunity to  elect  the
coverage he wants is 8 years away, four to six  months  prior  to  his
60th birthday.  When he retired in February 1998, he  was  living  500
miles from the nearest military installation.  He received  the  RCSBP
mailings in 1998 and 1999 but his understanding of the system was such
that if he did not respond to the mailings that he would automatically
be covered.  He notes the rule that made automatic coverage  available
to non-responders did not become effective  until  2001  and  was  not
retroactive to the time he retired.  He would like to  be  covered  by
RCSBP prior to his next opportunity to amend his coverage.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant became eligible for RCSBP coverage on 26 February 1998.   He
was notified by certified mail of his eligibility but failed  to  make
an election at that time.  At the end of the  suspense  time  allotted
for him to make an election, he was automatically enrolled  in  Option
A, Defer election until age  60.   During  an  RCSBP  open  enrollment
season between 1 March 1999 and 28 February 2000, he was  eligible  to
elect coverage or increase coverage.  While he was notified by mail of
this opportunity, no evidence exists to show he made an election.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPS  recommends  denial.   DPS  states   the   member   had   two
opportunities to elect the coverage he felt he needed at those  times.
He did not elect, at either opportunity, to participate  further  than
the Option A he automatically received in May 1998.

DPS’s complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
12 March 2004 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  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.  In fact, the evidence of record shows that the
applicant received the initial RCSBP package at his home  on  18  July
1998, and did not respond.  A subsequent  open  enrollment  season,  1
March 1999 to 28 February 2000, was also not acted on.  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-
2004-00593 in Executive Session on 14 April 2004, under the provisions
of AFI 36-2603:

      Mr. Roscoe Hinton, Jr., Panel Chair
      Mr. Michael J. Novel, Member
      Ms. Kathy L. Boockholdt, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Feb 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPS, dated 8 Mar 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Mar 04.




                                   ROSCOE HINTON, JR.
                                   Panel Chair

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