RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00593
		INDEX CODE:  137.04

		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 Program (RCSBP) when he retired in February 1998.
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APPLICANT CONTENDS THAT:

He is not now covered by RCSBP and his next opportunity to elect the coverage he wants is 8 years away, four to six months prior to his 60th birthday.  When he retired in February 1998, he was living 500 miles from the nearest military installation.  He received the RCSBP mailings in 1998 and 1999 but his understanding of the system was such that if he did not respond to the mailings that he would automatically be covered.  He notes the rule that made automatic coverage available to non-responders did not become effective until 2001 and was not retroactive to the time he retired.  He would like to be covered by RCSBP prior to his next opportunity to amend his coverage.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant became eligible for RCSBP coverage on 26 February 1998.  He was notified by certified mail of his eligibility but failed to make an election at that time.  At the end of the suspense time allotted for him to make an election, he was automatically enrolled in Option A, Defer election until age 60.  During an RCSBP open enrollment season between 1 March 1999 and 28 February 2000, he was eligible to elect coverage or increase coverage.  While he was notified by mail of this opportunity, no evidence exists to show he made an election.

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AIR FORCE EVALUATION:

ARPC/DPS recommends denial.  DPS states the member had two opportunities to elect the coverage he felt he needed at those times.  He did not elect, at either opportunity, to participate further than the Option A he automatically received in May 1998.

DPS’s complete evaluation, with attachments, is at 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 12 March 2004 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 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 18 July 1998, and did not respond.  A subsequent open enrollment season, 1 March 1999 to 28 February 2000, 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-2004-00593 in Executive Session on 14 April 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Feb 02, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPS, dated 8 Mar 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Mar 04.