RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01300
		INDEX CODE:  137.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His record be changed to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) with an annuity based on the full amount of retired pay.

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APPLICANT CONTENDS THAT:

His records currently show RCSBP option A (Decline to make an election until age 60), which he believes is unjust.  In 1994 his ARPC Form 123 was not returned and at that time Option A was automatically presumed without the requirement of consent by his spouse.  Even though receipt information asserts that his wife signed for the RCSBP packet, neither she nor he remembers having contact with the packet.  During a conversation with ARPC last year he discovered that his wife had no survivor benefit coverage.  ARPC recommended that he petition for a change of record to establish his and his wife’s definite desire for RCSBP protection.

Applicant did not submit any documents in support of the appeal.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant was notified of his eligibility to participate in the RCSBP on 1 May 1994 when he was notified he had completed 20 satisfactory years of service.  The election package was sent by certified mail and signed for by Mrs. D--- K--- on 2 September 1994.  A detailed package was sent to applicant’s mailing address.  There is no evidence the applicant made an election at that time.  At the end of the 90-day suspense, applicant was automatically enrolled in Option A, Deferred election until age 60.

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AIR FORCE EVALUATION:

ARPC/DPS states that during their RCSBP open enrollment season, March 1999 to 28 February 2000, their records indicate that the applicant was notified at his home of record.  They have no record that the applicant made an election at that time.  Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation, with attachments, is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 23 May 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response 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 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 and adopt their rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  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 this application 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 10 Apr 03.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, ARPC/DPS, dated 9 May 03.
	Exhibit D.	Letter, SAF/MRBR, dated 23 May 03.