RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-01117
			INDEX CODE:		 137.01
			COUNSEL:  None
				HEARING DESIRED:  No
_________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased husband’s records be corrected to show that he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) annuity.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her husband completed and returned all necessary paperwork to enroll in the RCSBP but it was misplaced by ARPC.

In support of her request, applicant provided a copy of her late husband’s Certificate of Death, and a personal statement.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The former member was eligible to participate in the RCSBP on 23 May 1996 when he was notified of completing 20 satisfactory years of service.  The election package was sent and certified received on 16 September 1996.  There is no evidence he made an election at that time.  At the end of his 90-day suspense, he was automatically enrolled in Option A, Deferred Election Until Age 60.  During the RCSBP open enrollment, March 1999 to 29 February 2000, records indicate that the member was notified but did not respond within the 90 days as required by law.

The former member remained eligible to elect coverage under RCSBP upon reaching age 60, but he passed away prior to reaching age 60.

________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPS recommends denial.  The former member had opportunities to elect RCSBP coverage for the applicant but failed to do so.  He did not respond within 90 days as required by law and no injustice has occurred.

The DPPTR evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 23 May 2003, for review and response.  As of this date, this office has received no response.

_________________________________________________________________

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.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that the deceased member’s records should be altered so that his spouse would be eligible to receive an SBP annuity.  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.  We therefore agree with the recommendation of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain her burden of having suffered either an error or an injustice.  In view of the above and absent to persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered Docket Number BC-2003-01117 in Executive Session on 30 September 2003 under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 26 Mar 03, w/atchs.
   Exhibit B.  Letter, HQ ARPC/DPS, dated 9 May 03, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 23 May 03.

                                   
                                   Panel Chair