RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01762
		INDEX CODE:  137.00
		COUNSEL:  NONE

		HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be changed to show that in 1997 he elected Option C coverage in the Reserve Component Survivor Benefit Plan (RCSBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

During his separation meeting with the CBPO personnel, he believed the paperwork he completed was for the selection of Option C (immediate annuity after death).  He did not realize he still had to make a selection at a later date.  His wife should not have to suffer financially after his death because he misunderstood the requirements completing the paperwork.  Additionally, his son is recently deceased and he has no other children to care for his wife if he dies prematurely.  He understands that current retirees are automatically enrolled in Option C of the RCSBP.

In support of the application, the applicant submits his application.  The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a Reserve officer who was relieved from his Reserve assignment and transferred to the Nonaffiliated Reserve Section (NA) in the grade of major on 1 November 1997.  As of that date, he was credited with 20 satisfactory years of Federal service.  He will become eligible to receive retired pay on his 60th birthday (X XXXXXXXXX XXXX)
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 C.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPS recommends denial.  DPS states the applicant was eligible to participate in the RCSBP on 1 November 1997.  The election package was sent by certified mail and was signed for by the applicant on 11 March 1998.  There is no evidence he made an election at that time.  DPS notes Title 10, United States Code, Section 1148 (a) (2) states a member must complete an election within 90 days of receipt, otherwise the member remains eligible to make an election at age 60.  During RCSBP open enrollment season, 1 March 1999 to 28 February 2000, members who had elected less than full coverage for their spouses were able to elect or increase coverage.  DPS records indicate the applicant was notified; however, there is no record he made an election at that time.  

DPS notes in January 2001, Title 10 was revised to automatically defer coverage to Option C if member does not respond within the required 90-day period.  However, the new law is not retroactive and does not apply to members who acquired their 20 years of satisfactory service prior to January 2001.  DPS states the applicant acquired his 20 years of service in 1997 and is therefore ineligible to change his election.  DPS states if the decision is to grant the relief sought, the member’s record should be corrected to show he elected full, immediate coverage for his spouse (Option C) under the RCSBP, effective 9 June 1998.  DPS evaluation, with attachments, is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant for review and comment on 30 July 04.  As of this date, this office has received no response (Exhibit D).

_________________________________________________________________

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.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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 this application in Executive Session on 24 September 2004, under the provisions of AFI 36-2603:

The following documentary evidence for AFBCMR Docket Number BC-2004-01762 was considered:

	Exhibit A.  DD Form 149, dated 25 May 2004.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Letter, ARPC/DPS, dated 22 Jun 04 w/atchs.