RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01128
		INDEX CODE:  137.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  12 OCT 08

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APPLICANT REQUESTS THAT:

Her record be changed to show she elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) with election Option B, based on full retired pay.

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APPLICANT CONTENDS THAT:

In 1997, she was informed that she would be able to elect an option for SBP when she retired.  She was never informed that her survivors would receive nothing if she died before age 60 without an election.  She states she was misinformed and not provided updates in regard to SBP.  Therefore, she believes she should be afforded the opportunity to make an SBP election.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was notified of her eligibility to participate in the RCSBP by letter dated, 11 October 1996.  The election package was sent by certified mail on 6 November 1996.  She made no election during that time and was automatically enrolled in Option A, Deferred election until age 60.  

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AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  DPP states during RCSBP open enrollment seasons, 1 March 1999 to 29 February 2000, and 1 October 2005 through 30 September 2006, members who had elected less than full coverage or no coverage for their spouse/children were able to change their election to cover their families.  An open enrollment information letter was sent to the applicant’s address.  The applicant did not respond.

The applicant was required to make an RCSBP election within 90 days of receipt of notification in accordance with Title 10; U.S.C., Section 1448(a)(2).  She did not make an election when eligible in 1996.  She also did not make an election during the 1999-2000 and 2005-2006 RCSBP open enrollment periods.  The applicant will have another opportunity when she turns age 60 on 11 September 2013.

The applicant states that she was not informed that if she did not make an election and she died before age 60 her family would not receive an annuity.  The information sent to the applicant was detailed and clearly stated that if the member had any questions to contact this office.  DPP has no knowledge that the applicant called to inquire about her benefits.  The applicant also said that her record is in error, that it does not reflect she has a husband and two dependent children.  DPP records show that the family members are updated in their system.

The DPP complete evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and state she was misinformed by the California Air National Guard Personnel Office on the RCSBP election process.  Her record was miscoded with RCSBP Option A rather than Option C.

Applicant’s complete response is at 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 an error or an 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 its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  It appears the applicant was notified on several occasions of her eligibility to participate in RCSBP and provided opportunities to make an election.  However, no evidence has been presented to show the applicant took advantage of the opportunities presented.  Her contention of miscounseling is duly noted; however, we do not find her uncorroborated assertions sufficiently persuasive to override the rationale provided by the Air Force.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an error or an injustice; the application was denied without a personal appearance; and 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-2007-01128 in Executive Session on 26 September 2007, under the provisions of AFI 36-2603:

			XXXXXXXXXX, Panel Chair
			XXXXXXXXXX, Member
			XXXXXXXXXX, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 3 April 2007.
   Exhibit B.  Letter, ARPC/DPP, dated 4 May 2007, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 11 May 2007.
   Exhibit D.  Letter, Applicant, dated 6 June 2007.

				XXXXXXXXXX
				Panel Chair