RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00385
            INDEX CODE:  137.04

            COUNSEL:  Karen Haworth, VSO

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His deceased father’s military record be changed to show he elected to
participate in the Reserve Component Survivor Benefit Plan (RCSBP)  by
electing coverage for children only, Option CJ, based on full  retired
pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He suffers from Bipolar disease as his father did.   His  father  died
from bipolar disease ultimately causing him to not complete the proper
RCSBP forms.

In support of his appeal, the applicant has  provided  copies  of  his
father’s DD Form 214,  Report  of  Transfer  or  Discharge,  pertinent
medical documents including birth and death certificates, his  20-year
letter, and RCSBP documentation.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant’s father was notified of his eligibility to  participate  in
the RCSBP by letter dated 3 January 1992.  The  election  package  was
sent by certified mail and signed for by  the  member  on  4  February
1992.  He was a non-respondent in 1992 and was automatically  enrolled
in Option A, “Deferred election until age 60.”   The  member  did  not
request an election based on his  subsequent  divorce.   Additionally,
during an open season from 1 March 1999 to 31 March 2000  members  who
had  elected  less  than  full  coverage  or  no  coverage   for   the
spouse/children were able to change  their  election  to  cover  their
families.  An open enrollment  information  letter  was  sent  to  the
member’s home address; there is no record he made an  election  during
that time to participate.

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AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  They note the applicant is  the  deceased
member’s son.  According to the  Application  for  Childs’s  Insurance
benefits – Survivor Claim that was filed, the applicant was  diagnosed
with a bipolar condition on 1 August 1996 that would have made him  20
years old at that time.  In order for the applicant to be considered a
dependent he would have to  meet  the  following  criteria:  The  term
“Dependent”, with respect to a member or former member of a  uniformed
service, means a child who has not attained the age  of  21,  has  not
attained the age of 23 and is enrolled in a fulltime course  of  study
at an institution of higher learning  approved  by  the  administering
Secretary and is, or was at the time of the member’s  death,  in  fact
dependent on the member or former member  for  over  one-half  of  the
child’s support, or is incapable of self-support because of  a  mental
or physical incapacity that occurs while a dependent of  a  member  or
former member.

Documentation provided  by  the  applicant  does  not  provide  enough
information to indicate that he was still considered  a  dependent  of
the service member.  As a dependent there are no provisions in the law
that would allow the applicant  to  make  a  change  to  the  election
currently in the system as opportunities were afforded to the  service
member as required by  law.   A  final  opportunity  would  have  been
offered had the member lived to reach age 60.

DPP’s complete evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The personal representative to  the  Estate  of  the  Deceased  Member
(member’s sister) contends he was unable to  apply  for  RCSBP  as  he
suffered from bipolar  disease  and  would  not  accept  his  illness.
Bipolar disease also affected his ability to respond  to  open  season
letters  even  though  he  might  have   signed   for   the   letters.
Additionally, he was going through a divorce and had no  one  to  help
him handle his affairs.  He was mentally incompetent to  complete  the
necessary paperwork for RCSBP.

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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  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.  Documentation provided by the applicant does  not
provide enough information to indicate whether or not the son met  the
prescribed definition of a dependent of the service  member.  Further,
as a dependent there are no provisions in the law that would allow him
to  make  a  change  to  the  election  currently  in  the  system  as
opportunities were afforded to the service member as required by  law.
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 AFBCMR Docket Number BC-
2007-00385 in Executive Session on 7 June 2007, under  the  provisions
of AFI 36-2603:

      Ms. Kathy L. Boockholdt, Panel Chair
      Mr. Alan A. Blomgren, Member
      Ms. Janet I. Hassan, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 26 Jan 07, w/atchs.
     Exhibit B.  Letter, ARPC/DPP, dated 27 Feb 07, w/atchs.
     Exhibit C.  Letter, SAF/MIBR, dated 2 Mar 07.
     Exhibit D.  Letter, Personal Representative, dtd 23 Mar 07.




                                   KATHY L. BOOCKHOLDT
                                   Panel Chair