RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01245
		INDEX CODE: 137.00, 137.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be changed to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP).
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APPLICANT CONTENDS THAT:

In 1997, upon attaining 20 years in the Air Guard, he did not submit an SBP election due to personal issues in his life at that time.  In 1999, during an open enrollment period, he completed the paperwork, but was informed by the local Military Personnel Flight (MPF) that there was an automatic default to survivor benefits if the new packet was not returned.  During his retirement out-processing, ARPC informed him that he was not entitled to survivor benefits because he had not sent in the required forms.  He was informed that the automatic default was applicable to those who were retiring after the date of the new open enrollment period.  He had every intention to follow the guidelines as prescribed, but was misinformed by the MPF at that time.

No supporting documents were submitted with this request.  However, a Congressional inquiry was presented in behalf of the applicant.  The applicant’s complete submission, with the Congressional inquiry, is at Exhibit A.
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STATEMENT OF FACTS:

On 30 April 1997, the applicant completed 20 years of satisfactory Federal service.  On 2 April 2003, his name was placed on the retired Reserve list, awaiting pay.

The remaining 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 at Exhibit B.
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AIR FORCE EVALUATION:

HQ ARPC/DPS recommends the application be denied.  DPS states that the applicant was eligible to participate in the RCSBP on 30 April 1997.  The election package was signed for by the applicant on 31 October 1997.  There is no evidence he made an election at that time.  The applicant was notified of the RCSBP open enrollment seasons (March 1999 to 28 February 2000).  Open enrollment is for members who had elected less than full coverage for their spouses and were able to elect or increase coverage.  DPS has no record showing the applicant made an election at this time.  DPS states that the applicant had numerous opportunities to make an election.  The package clearly states to call with questions regarding RCSBP.  The evidence provided does not indicate any injustice has occurred.  The HQ ARPC/DPS evaluation, with attachments, is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 23 May 03 for review and response.  As of this date, no response has been received by this office (Exhibit C).
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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 unpersuaded that his records should be corrected to show he elected coverage in the Reserve Component Survivor Benefit Plan (RCSBP).  His contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility.  The evidence reflects that the RCSBP package was forwarded to the former member during the 1 March 1999 to 28 February 2000 open enrollment.  However, there is no evidence showing the former member returned an election certificate indicating his intent for election of spouse coverage in the RCSBP.  We therefore agree with the opinion of the office of primary responsibility and conclude that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  We note applicant’s contention that, in 1999, he was advised of an automatic coverage if an enrollment election was not made.  It appears the applicant is referring to the change in law concerning automatic coverage if a member does not respond within the 90-day period of signing for his RCSBP package.  This provision of law did not take effect until 1 January 2001; therefore, it did not apply to the applicant in 1999.  In view of the above and absent 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 Docket Number BC-2003-01245 in Executive Session on 26 June 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered: 

   Exhibit A.  DD Form 149, dated 20 Feb 03, and a Congressional
			inquiry, dated 10 June 2003, w/atchs.
   Exhibit B.  Letter, HQ ARPC/DPS, dated 9 May 03, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 23 May 2003.