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AF | BCMR | CY2008 | BC-2007-02447
Original file (BC-2007-02447.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-02447
            INDEX CODE:  137.04
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her  deceased  father’s  records  be  corrected  to  show  he   elected   to
participate in the Reserve  Component  Survivor  Benefit  Plan  (RCSBP)  and
named her as beneficiary.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Her father was dying when his retirement pension packet was sent to him.

Her father would have named her as  beneficiary  because  he  named  her  as
beneficiary on his Boeing pension.  He named her as sole beneficiary of  his
will.

He was too sick to fill out the packet before he passed away.

In support of her request, the applicant provided a  copy  of  her  father’s
death certificate, will, and copies of his medical records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The decedent was discharged from the Air National Guard on  16  Feb  03  and
his name was placed on the retired list.  He  became  eligible  for  retired
pay in 2004.

On 4 Mar 04, ARPC/DPPR notified the decedent of his eligibility for  retired
pay and eligibility to participate in the RCSBP.

The decedent died on 4 Mar 07.

Other relevant facts are outlined in the ARPC/DPP evaluation at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends denial of  the  applicant’s  request.   The  applicant’s
father was notified of his  eligibility  to  participate  in  the  RCSBP  by
letter dated 4 Mar 04.  ARPC/DPP stated that their  system  was  updated  to
show that the former  member  was  a  non-respondent  in  04.   He  made  no
election during that time  and  was  automatically  enrolled  in  Option  A,
Deferred election until age 60.

The former member did not make an election within the 90 days of receipt  of
his Reserve Component Survivor Benefit Plan (RCSBP).  Additionally,  he  did
not request an election based on his divorce  decree.   According  to  Title
10, U.S.C. Section 1448 (3)(A)(iii), any  such  election  must  be  written,
signed by the person making the election,  and  received  by  the  Secretary
concerned within  one  year  after  the  date  of  the  decree  of  divorce,
resolution, or annulment.

The applicant was 22 years old at the time of her father’s death.  In  order
for the applicant to be considered a dependent, she would have to  meet  the
following criteria outlined in Title 10,  Section  1072  (2)(D)(i)(ii)(iii).
The term “dependent” with respect to a member or former member of a  uniform
service means (D) a child who (i) has not attained the age of 21:  (ii)  has
not attained the age of 23, is enrolled in a full-time course  of  study  at
an institution of higher learning approved by  the  administering  Secretary
and is, or was at the end of the member or former member’s  death,  in  fact
dependent on the member or former member for over one-half  of  the  child’s
support; or (iii) 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 she was still a dependent of  the  former  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 former  service  member  as  required  by
law.  A final opportunity would have been offered if the  member  had  lived
to reach age 60.

The ARPC/DPP complete 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 31  Aug
07 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-2007-02447
in Executive Session on 4 October 2007, under  the  provisions  of  AFI  36-
2603:

      Mr. Laurence M. Groner, Panel Chair
      Ms. Mary C. Puckett, Member
      Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, w/atchs, dated 30 Jul 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, ARPC/DPP, w/atchs, dated 27 Aug 07.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Aug 07.




                                   LAURENCE M. GRONER
                                   Panel Chair

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