RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-01981
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be given an opportunity to change his Reserve Component 
Survivor Benefit Plan (RCSBP) election.

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APPLICANT CONTENDS THAT:

His wife signed for the 20-year packet, but he never received 
the RCSBP packet and was never given an opportunity to make an 
election.  

He assumed he would be able to make his election when he retired 
from the Air Force Reserve.  He was told he would be able to 
make his election up until his retirement of 1 Jun 12.

His file shows no election was made, and therefore went to a 
default election.  

The applicant's complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant transferred to the Retired Reserves on 31 Dec 98, 
in the grade of Lt Col.

The remaining facts are contained in the opinion prepared by the 
appropriate office of primary responsibility at Exhibit B.

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AIR FORCE EVALUATION:

ARPC/DPTT recommends denial.  DPTT states that by law, the 
member was notified of his opportunity to make an RCSBP election 
on 25 Aug 05, via certified mail.  The election package was sent 
and certified as received on 18 Jun 06.  He made no election 
during that time and as prescribed by Title 10, United States 
Code (10 USC) Section 1448, was automatically enrolled in Option 
C (Immediate Annuity for Spouse Only) effective 13 Sep 06.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 Jun 12, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days.  As of 
this date, a response has not been received by this office 
(Exhibit D).

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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 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 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 Docket Number    
BC-2012-01981 in Executive Session on 19 Dec 12, under the 
provisions of AFI 36-2603:

	  Panel Chair
	  Member
	  Member

The following documentary evidence pertaining to Docket Number 
BC-2012-01981 was considered:

    Exhibit A.  DD Form 149, dated 11 May 12.
    Exhibit B.  Letter, ARPC/DPTT, dated 12 Jun 12, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 19 Jun 12.



								
								Panel Chair
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