RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03298
		INDEX CODE:  137.01, 137.04
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The Reserve Component Survivor Benefit Plan (RCSBP) package be resent to allow him the time for proper receipt and completion of election.
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APPLICANT CONTENDS THAT:

The original RCSBP package was mailed to his old address on     27 December 2000 and his minor daughter, who is twelve (12) years old signed for the package. He states that during this time he was packing items for moving/storage and preparing to sell his house.  He also states that he started a new job on 2 January 2001 and was in the process of moving when the package was delivered. 

In support of his request, the applicant provided a copy of his Inova Health System Employee Profile, reflecting a 2 January 2001 hire date.  

Applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant currently serves in the grade of Lieutenant Colonel in the Air Force Reserves, as an Individual Mobilization Augmentee (IMA).  The applicant was notified of his eligibility to participate in the RCSBP when he was first eligible on        3 August 2000.  The election package was sent by certified mail to his address at    6 Blackwater Lane, Hampton, VA.  The applicant’s daughter signed for the package on 27 December 2000.  There is no evidence he made an election at that time.  At the end of his 90-day suspense on 28 March 2001, the applicant was automatically enrolled in Option A, “Deferred election until age 60.”

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AIR FORCE EVALUATION:

HQ ARPC/DPS reviewed applicant’s request and recommends denial.  DPS states that members must complete an election within 90 days of receipt of the RCSBP package.  Otherwise, the member remains eligible to make an election at age 60.  The package clearly identified the 90-day suspense and the applicant failed to elect coverage when he was eligible.  

The DPS evaluation, with attachment, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded to the advisory and states that he believes he should be allowed the opportunity to revisit and change his RCSBP election.  He states that his minor daughter receipted for the package, and that he was deeply involved in a career change and in the process of relocating during the exact time the package was received.  He states that given the opportunity to select a preference, he would elect option C, since it is his desire that his wife and family immediately receive retired pay if his death occurs before he reaches age 60.

A complete copy of the applicant’s response, with attachments, is at Exhibit D.
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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 an error or injustice.  In this respect, we note that the Air Force, in accordance with established procedures, sent the applicant an election package by certified mail to his address.  Applicant states that the package was signed for by his daughter and due to the selling of his house, he did not realize the package had been received.  While it is unfortunate that the applicant failed to make an election prior to the 90-day suspense, we find no error on the part of the Air Force in regards to the notification and, while unfortunate, we do not believe that based on the existing circumstances that the applicant has been the victim of an injustice.  It should be noted that applicant remains eligible to make an election upon reaching age 60.  Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend favorable action on this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an material error or an 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 BC-2002-03298 in Executive Session on 8 April 2003, under the provisions of AFI 36-2603:

			Chair
			Member
			Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 24 Sep 02, w/atchs.
	Exhibit B. Letter, HQ ARPC/DPS, dated 26 Nov 02, w/atchs
	Exhibit C.	Letter, SAF/MRBR, dated 6 Dec 02.
	Exhibit D.	Applicant's response, dated 22 Jan 03, w/atchs.