RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00332
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he made a timely election for
spouse coverage under the Reserve Component Survivor Benefit Plan
(RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He would like to exercise his option to add his wife as his
spouse beneficiary under the RCSBP. At the time of his
retirement he was working two jobs and was a single parent. He
does not recall receiving an option letter. He has terminal
cancer and will not be able to wait until age 60 to make an
election.
In support of his request, the applicant provides copies of
documentation extracted from his civilian medical records, his
divorce decree and marriage certificate.
Applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was notified of his eligibility to participate in
the RCSBP on 24 Feb 97. The applicant failed to make an election
at that time and was automatically enrolled in Option A, Decline
to make an election until age 60.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is attached at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends denial. AFRC/DPP states the applicant failed
to make an election within the mandatory time period required in
accordance Title 10 U.S.C.
The complete ARPC/DPP evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 26 Feb 10, 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. The
applicant's complete submission was thoroughly reviewed and his
contentions were duly noted. However, we do not find the
applicants assertions and the documentation presented in support
of his appeal sufficiently persuasive to override the rationale
provided by the Air Force office of primary responsibility (OPR).
Therefore, we agree with the recommendation of the Air Force OPR
and adopt its rationale as the basis for our decision that the
applicant has failed to sustain his burden of establishing he has
suffered either an error or an injustice. In view of the above
and in the absence of evidence to the contrary, we find no 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 issue 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 a 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-2010-00332 in Executive Session on 22 Jul 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Jan 10, w/atchs.
Exhibit B. Letter, ARPC/DPP, dated 19 Feb 10, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 26 Feb 10.
Panel Chair
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