RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00387

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect that he elected Option C (Immediate Annuity), spouse and children, under the Reserve Component Survivor Benefit Plan (RCSBP).

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APPLICANT CONTENDS THAT:

Neither he, nor his spouse, recall receiving the RCSBP package to make a selection of the benefits.

The applicant states that he was informed by the Air Reserve Personnel Center (ARPC) on 16 January 2002, that he was considered non-responsive on 27 July 1999.  He and his family moved to a new address within the local area in June of 1999 and can only assume that the paperwork was lost or misplaced during the move.

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 was notified of his eligibility to participate in the RCSBP by certified mail when he was first eligible.  He signed for the certified mail on 28 April 1999, and there is no evidence he made an election at that time.  As a result, he was automatically enrolled in Option A, Deferred Election.  

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states, in part, that at the time he received the RCSBP notification package his house was being packed-up and he honestly does not recall receiving the package.  In addition, when he discussed this issue with his Air National Guard (ANG) orderly room, he was incorrectly advised.  In view of his 25 years of faithful service, he prays that this technicality and oversight will not preclude his family from receiving the benefits he has worked so hard for.

The applicant’s complete response, with attachment, is at Exhibit E.

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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 02-00387 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 22 Jan 02, w/atchs.
  	Exhibit B.  Applicant's Master Personnel Records.
  	Exhibit C.  Letter, ARPC/DPS, dated 22 Mar 02, w/atch.
  	Exhibit D.  Letter, SAF/MRBR, dated 5 Apr 02.
	Exhibit E.  Letter, Applicant, dated 15 Apr 02, w/atchs.