RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-03633

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect that he elected Option B (Deferred Annuity) or C (Immediate Annuity) under the Reserve Component Survivor Benefit Plan (RCSBP).

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APPLICANT CONTENDS THAT:

At the time he made his RCSBP election, he was going through a divorce and elected Option A (Decline Election until Age 60).  However, he was not advised regarding the limitations if he remarried.  He remarried in June 2000 and would like to provide coverage for his wife.

The applicant’s complete submission, with attachments, is at Exhibit A.

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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 (Exhibit C).  

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AIR FORCE EVALUATION:

ARPC/DPS recommends the application be denied and states, in part, that the applicant failed to make an election despite having an eligible spouse beneficiary, and will have another opportunity to make an election at age 60.  The applicant was notified of his eligibility to participate in the RCSBP by certified mail.  The election package clearly stated, “If you have an eligible beneficiary (spouse and child) and do not elect coverage for them at this time and later acquire a new spouse or an additional child you cannot elect coverage for them.”  The applicant did not make an election and at the end of 90-day suspense for doing so, he was automatically enrolled in Option A, Deferred Election. 

The ARPC/DPS evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 22 February 2002 for review and response within 30 days.  However, as of this date, no response has been received by this office.

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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.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that relief should be granted.  Applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  The office of primary responsibility has adequately addressed applicant’s contentions and we agree with their opinion and we adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Hence, we find no compelling basis to recommend granting the relief sought.

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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.

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The following members of the Board considered Docket Number 01-03633 in Executive Session on 16 August 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   	Exhibit A.  DD Form 149, dated 12 Dec 01, w/atchs.
  	Exhibit B.  Applicant's Master Personnel Records.
  	Exhibit C.  Letter, ARPC/DPS, dated 12 Feb 02, w/atchs.
  	Exhibit D.  Letter, SAF/MRBR, dated 22 Feb 02.