RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-03829
                                       INDEX CODE:  137.04
      XXXXXXXXXXXXXXX                   COUNSEL: NONE

      XXXXXXXXXXX                            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Reserve Component Survivor Benefits Plan  (RCSBP)  election  be  changed
from Option “A” (Decline to make an election until age  60)  to  Option  “C”
(Immediate Annuity).

_________________________________________________________________

APPLICANT CONTENDS THAT:

During his 20 years of service briefing (done over the phone by Air  Reserve
Personnel Center (ARPC) personnel), he was told he had to  make  a  Survivor
Benefits Plan election.  He was told the best thing to do was select  Option
“A” and when he actually retired from the Reserve he  would  get  a  package
explaining retirement pay and benefits options completely.   He  agreed  and
elected Option “A.”  Several months later he  received  information  on  the
RCSBP and, after reviewing it, contacted ARPC  to  change  his  election  to
Option “C.”  He was told it was too late to make an election change  and  he
would have to wait until he actually retired.  When he did  retire,  he  was
living in Romania and he  never  received  his  retirement  paperwork  until
after he returned to the United States and contacted ARPC.  At the  time  he
finally received his retirement paperwork;  he  failed  to  notice  that  he
didn’t receive the paperwork to change his election for  RCSBP.   He  didn’t
discover the oversight until just recently.  Because of the time delay  from
his actual retirement date, ARPC informed him to submit  an  appeal  to  the
Air Force Board for Correction of Military  Records  to  have  his  election
changed.

The  applicant  provided  no  evidence  in  support  of  his  appeal.    The
applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

According to the Military Personnel  Data  System  (MilPDS),  the  applicant
served as a commissioned officer in the  Air  Force  Reserve  with  a  Total
Federal Commissioned Service Date (TFCSD) of 2 June 1978.  He  was  promoted
to the grade of lieutenant colonel effective and with a date of  rank  of  2
June 1999.  Effective 27 January 2003, the applicant  was  assigned  to  the
Retired Reserve Section (Awaiting Pay at Age 60  (27  May  2013)).   He  was
credited with 25 years, 9  months,  and  17  days  of  satisfactory  Federal
service.

On 12 May 1998, the applicant elected Option “A” on ARPC Form  123,  Reserve
Component Survivor Benefit Plan Election Certificate.

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AIR FORCE EVALUATION:

ARPC/DPS recommends denial.  DPS states that the applicant was  eligible  to
participate  in  the  RCSBP  on  14  November  1997  when  he  completed  20
satisfactory years of service.  He annotated and signed an ARPC Form 123  on
12 May 1998 electing RCSBP Option “A” (I decline to make an  election  until
age 60).  The applicant had an opportunity to  change  his  election  during
the 1 March 1999 to 29 February 2000 open enrollment season;  however,  even
though a package was sent to him, he did not change  his  election.   It  is
DPS’s opinion that an injustice has not occurred.  DPS states the  applicant
remains eligible to make an election at age 60.  The DPS  evaluation  is  at
Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He accepts the fact that he made a mistake in selecting Option A during  his
first selection opportunity.  However, he never received a letter

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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.  The applicant completed and signed  an
ARPC  Form  123,  Reserve   Component   Survivor   Benefit   Plan   Election
Certificate, declining supplemental coverage (Option  A),  for  his  spouse.
The applicant claims it was an oversight that he did not  change  his  RCSBP
election at the time he retired.   The  applicant  also  did  not  take  the
opportunity to elect coverage during the 1 March 1999  –  29  February  2000
SBP open enrollment season.  We note  the  February  issue  of  Afterburner,
News for USAF Retired Personnel, states  that  there  is  another  SBP  open
season set to begin on 1 October 2005.  During  open  season,  retirees  not
currently participating in the SBP will be eligible to elect  coverage.   In
addition, the applicant remains eligible to make an election at age 60.   In
view of the above and absent evidence the applicant was  provided  erroneous
information, appropriate regulations were not followed, or  he  was  treated
differently from other members similarly  situated,  we  find  no  basis  to
disturb the existing record.  Accordingly, the applicant’s  request  is  not
favorably considered.

_________________________________________________________________

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 this application in  Executive
Session on 7 July 2005, under the provisions of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Ms. Kathy L. Boockholdt, Member
      Ms. Marcia Jean Bachman, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2004-03829:

      Exhibit A.  DD Form 149, dated 6 Dec 04.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, ARPC/DPS, dated 4 Jan 05, w/atchs.
      Exhibit D.  Letter, SAF/MRBR, dated 5 Jan 05.
      Exhibit E.  Applicant’s Rebuttal, dated 1 Mar 05.




                                                   MICHAEL J. NOVEL
                                                   Panel Chair