RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-02794 INDEX CODE:	137.00
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His records be changed to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) with Option C, for spouse only based on full retired pay.

APPLICANT CONTENDS THAT:
He was unaware that there was a time limit to make an election under RCSBP. He enrolled his wife in the Defense Enrollment Eligibility Reporting System (DEERS) and obtained a military identification (ID) card for her, but was not made aware of having to elect her under RCSBP.

He was made aware of RCSPB in May 2008 and wrote to the entitlements section at HQ ARPC/DPPE and was denied.

He retired from the Air Force Reserve in 2002 as an Individual Mobilization Augmentee (IMA) and at no time did he receive counseling about a time limit to elect a change in RCSBP.

In support of his request, the applicant provided copies of correspondence to and from HQ ARPC/DPPE.

The applicant's complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
On 23 Jul 96, the applicant was notified of his eligibility for retired pay at age 60 and his eligibility to participate in RCSBP. He acknowledged receipt of this notification on 26 Jul 96, and chose not to make an election. He was placed on the Retired Reserve List in 2002. He married in 2003 and did not enroll his spouse in RCSBP within the one-year time limit.

On 1 Oct 05, an Open Enrollment period was established by Public Law 108-375 for RCSBP. Effective through 30 Sep 06, 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.

AIR FORCE EVALUATION:
HQ ARPC/DPP recommends denial. DPP states they cannot correct the records because the applicant failed to make an election within the 90-day period in accordance with Title 10, U.S.C., Section 1044(a)(2). He failed to notify them within one-year of his marriage and he did not make an election during the 1 Oct 05 through 30 Sep 06 Open Enrollment period. DPP further states that since the applicant is waiting to collect retired pay at age 60, he will be given an opportunity to make an SBP election upon reaching age 60 which is 13 Apr 2011.

The complete HQ ARPC/DPP 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 on 12 Sep 08 for review and comment within 30 days. As of this date, this office has not received a response.

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 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. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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.

The following members of the Board considered Docket Number BC- 2008-02794 in Executive Session on 30 October 2008, under the provisions of AFI 36-2603:

, Panel Chair, 
Member
, Member
The following documentary evidence was considered: Exhibit A.	DD Form 149, w/atchs, dated 24 Jul 08.
Exhibit B.	Memorandum, HQ ARPC/DPP, w/atchs, dated 3 Sep 08. Exhibit C.	Letter, SAF/MRBR, dated 12 Sep 08.

Panel Chair