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AF | BCMR | CY2004 | BC-2004-01762
Original file (BC-2004-01762.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01762
            INDEX CODE:  137.00
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be changed to show that in 1997 he elected Option C coverage  in
the Reserve Component Survivor Benefit Plan (RCSBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

During his separation meeting with  the  CBPO  personnel,  he  believed  the
paperwork he completed was for the selection of Option C (immediate  annuity
after death).  He did not realize he still had to  make  a  selection  at  a
later date.  His wife should not have to suffer financially after his  death
because  he  misunderstood  the  requirements  completing   the   paperwork.
Additionally, his son is recently deceased and he has no other  children  to
care for his wife if he  dies  prematurely.   He  understands  that  current
retirees are automatically enrolled in Option C of the RCSBP.

In support of the application, the applicant submits his  application.   The
applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a  Reserve  officer  who  was  relieved  from  his  Reserve
assignment and transferred to the Nonaffiliated Reserve Section (NA) in  the
grade of major on 1 November 1997.  As of that date, he  was  credited  with
20 satisfactory years of  Federal  service.   He  will  become  eligible  to
receive retired pay on his 60th birthday (7 September 2017).

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________



AIR FORCE EVALUATION:

HQ ARPC/DPS recommends denial.  DPS states the  applicant  was  eligible  to
participate in the RCSBP on 1 November 1997.  The election package was  sent
by certified mail and was signed for by the  applicant  on  11  March  1998.
There is no evidence he made an election at that time.  DPS notes Title  10,
United States Code, Section 1148 (a) (2) states a member  must  complete  an
election within 90 days of receipt, otherwise the  member  remains  eligible
to make an election at age 60.   During  RCSBP  open  enrollment  season,  1
March 1999 to 28 February 2000, members  who  had  elected  less  than  full
coverage for their spouses were able to elect  or  increase  coverage.   DPS
records indicate the applicant was notified; however, there is no record  he
made an election at that time.

DPS notes in January 2001, Title  10  was  revised  to  automatically  defer
coverage to Option C if member does not respond within the  required  90-day
period.  However, the new law is not  retroactive  and  does  not  apply  to
members who acquired  their  20  years  of  satisfactory  service  prior  to
January 2001.  DPS states the applicant acquired his 20 years of service  in
1997 and is therefore ineligible to change his election.  DPS states if  the
decision is to grant the  relief  sought,  the  member’s  record  should  be
corrected to show  he  elected  full,  immediate  coverage  for  his  spouse
(Option C) under the RCSBP, effective 9 June  1998.   DPS  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  for
review and comment on 30  July  04.   As  of  this  date,  this  office  has
received no response (Exhibit D).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

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 the recommendation of the Air  Force  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
persuasive evidence  to  the  contrary,  we  find  no  compelling  basis  to
recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 this application in  Executive
Session on 24 September 2004, under the provisions of AFI 36-2603:

            Mr. Roscoe Hinton, Jr., Panel Chair
            Mr. Patricia D. Vestal, Member
            Mr. Michael K. Gallogly, Member

The following documentary evidence for AFBCMR  Docket  Number  BC-2004-01762
was considered:

      Exhibit A.  DD Form 149, dated 25 May 2004.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, ARPC/DPS, dated 22 Jun 04 w/atchs.





            ROSCOE HINTON, JR.
            Panel Chair

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