RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-03215
		INDEX NUMBER:  137.04
		COUNSEL:  NONE

		HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to change his Survivor Benefit Plan (SBP) option from no coverage to option C, immediate coverage.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The 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:

On 7 January 2002, HQ ARPC/DPP reviewed this application and recommended denial.  Based on the evidence of record, a Reserve Component Survivor Benefit Plan (RCSBP) package was sent to the applicant and signed for on 3 August 1981; he was given a 90-day suspense.  Since he did not reply within the 90-day timeframe, he was given no coverage.  On 23 April 2001, the applicant was sent a Reserve retired pay package, along with a supplemental information package concerning SBP.  The package explained the coverage available and how to calculate the estimated cost involved, and also included a toll-free number in case the applicant had any questions.

Applicant completed the DD Form 2656, Data for Payment of Retired Personnel, on 23 May 2001, and it was received at HQ ARPC on 11 June 2001.  His spouse concurred with declination of coverage, and he started drawing retired pay on 17 July 2001.  Under the provisions of Title 10, USC, Section 1448, Chapter 73, “the election must occur prior to the 60th birthday and his spouse must concur with the declination of coverage,” as happened in the applicant’s case.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 18 January 2002 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

___________________________________________________________________

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 probable 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.  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 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 AFBCMR Docket Number 01-03215 in Executive Session on 23 April 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Aug 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPP, dated 7 Jan 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Jan 02, w/atchs.