RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00602
		INDEX CODE: 137.03

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His record be changed to show he declined coverage in the Reserve Component Survivor Benefit Plan (RCSBP).

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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.

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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. 

EXAMINER’S NOTE:  ARPC’s records reflect applicant’s SBP election certificate was received on 20 February 2002.

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AIR FORCE EVALUATION:

ARPC/DPS states that applicant was notified of his eligibility to participate in the RCSBP when he was first eligible on          13 November 2001.  The election package was sent by certified mail and was signed for by the applicant on that day.  There is no evidence he declined coverage at that time.  They further state that while they sympathize with applicant, they do not believe an injustice has occurred.  Therefore, they recommend denial of applicant’s request.  A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 28 May 2002, a member of Congress submitted a statement in support of applicant stating that due to the fact that applicant was deployed for a considerable amount of time during the suspense period, he believes that the two days should have been considered as a grace period when the final decision was made denying his request for correction.

A copy of Congressman’s letter, with attachment, is attached 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.  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 Staff 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.

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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 this application on 16 August 2002, under the provisions of AFI 36-2603:

			Chair
			Member
			Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 13 Feb 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPS, dated 19 Apr 02, w/atch.
   Exhibit D.  Letter, AFBCMR, dated 26 Apr 02.
   Exhibit E.  Congressman’s Letter, dated 28 May 02, w/atch.