RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03708
		INDEX CODE:  137.04

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His Reserve Component Survivor Benefit Plan (RCSBP) election be corrected to reflect that he chose Option C (full, immediate annuity) so his spouse would be authorized to receive an annuity.

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APPLICANT CONTENDS THAT:

He cannot remember this benefit being offered to him at retirement; nor does he believe he was counseled properly on the entire benefit.

The applicant’s complete submission, including a letter from his member of Congress, is at Exhibit A.

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STATEMENT OF FACTS:

The RCSBP package, sent by certified mail, was signed for on    24 November 1997.  Applicant’s date of birth is 19 December 1958.  

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AIR FORCE EVALUATION:

HQ ARPC/DPS recommends denial.  DPS states that the applicant had two opportunities to insure his benefit option covered his spouse.  They state that even if the applicant did not receive a clear picture of his benefit options at retirement he had another chance at a subsequent open season from February 1999 through February 2000.  (Exhibit C)

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 17 Jaunuary 2003 for review and comment within 30 days.  As of this date, there has been no response received by this office.  (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 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 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.  In fact, the evidence of record shows that the applicant received the initial RCSBP package at his home on 21 November 1997, and did not respond to it.  A subsequent open season was also not acted on.  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 AFBCMR Docket Number BC-2002-03708 in Executive Session on 8 April 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Nov 02, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPS, dated 3 Jan 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Jan 03.