RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01246
		INDEX CODE:  137.01, 137.04
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Reserve Component Survivor Benefit Plan (RCSBP) package be corrected to reflect he selected Option C (Immediate coverage for spouse) and not Option A (Deferrred election until age 60).

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APPLICANT CONTENDS THAT:

He and his spouse are in non-concurrence and his spouse was not available and therefore not properly briefed.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant retired from the Air National Guard on 1 March 2003 in the grade of Colonel.  He was notified of his eligibility to participate in the RCSBP when he was first eligible.  The election package was sent by certified mail to his address and signed for on 3 August 1994.  There is no evidence he made an election at that time.  At the end of his 90-day suspense 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.  The RCSBP package sent to the applicant had instructions to contact the Entitlements Branch if he had any questions.  There is no proof of any willful intent to mislead the applicant into choosing Option A.  The cover letter clearly states that if the member is married, he should discuss the options with his spouse.  

Additionally, during the RCSBP open enrollment season from       1 March 1999 to 28 February 2000, records indicate the applicant was notified.  Open enrollment is for members who had previously elected less than full coverage for their spouses and were able to elect or increase coverage.  There is no record that he made an election at that time.  

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 23 May 2003 for review and comment within 30 days.  As of this date, no response has been received by this office.

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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.  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-2003-01246 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 31 Mar 03.
	Exhibit B. Letter, HQ ARPC/DPS, dated 16 May 03, w/atchs.
	Exhibit C.	Letter, SAF/MRBR, dated 23 May 03.