RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03521
            INDEX CODE:  137.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The widow of the former service-member be entitled to  receive  the  Reserve
Component Survivor Benefit Plan (RCSBP) annuities.

Examiner’s Note:  The applicant is  the  daughter  of  the  deceased  former
service-member and has obtained power-of-attorney to act on  behalf  of  her
mother who is legally blind.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her father's sudden death left her mother emotionally  distraught.   It  was
not realized until years later that her mother  was  unable  to  manage  her
daily affairs.  Approximately  two  and  one-half  years  ago  her  mother's
condition worsened and she could no longer live alone.  Her mother moved  in
with a friend.  For years, her mother denied any family  members  access  to
her home.  When she was finally allowed to  enter  her  mother's  home,  she
discovered that the floor  of  her  mother's  home  and  every  surface  was
covered  with  old  mail,  periodicals  and  packages.    She   also   found
undeposited checks, unopened bank statements, utility shut-off notices,  and
enormous credit card bills for frivolous purchases.  Many  of  the  packages
were unopened among the debris.  Two letters  from  the  Defense  Department
regarding her father's  military  benefits  were  also  found.   The  second
document indicated that her mother had inquired about the benefits by  phone
and was sent a series of forms to complete, sign and return.  Her mother  is
legally  blind  and  can  only  read  with  great  effort  and   difficulty.
Completing the provided forms would be nearly impossible for her to  do  and
asking  for  assistance  was  emotionally  untenable.   Neither   piece   of
correspondence indicated a deadline.

She completed the SBP forms for her mother.  A SBP representative  explained
that unless she had power of attorney for her mother, she could  not  submit
the paperwork on her mother's behalf.  She was not able to obtain  power  of
attorney until March 2006 when her mother was scheduled  for  surgery.   Her
mother was  still  not  receiving  SBP  annuities.   An  SBP  representative
recommended she bring her information  to  his  Denver  office  for  review.
Again, timeliness was not mentioned.  On 27 Aug 07, she  met  with  the  SBP
representative and filed an application on her mother's behalf.

In  support  of  her  application,  the  applicant  submits   her   personal
statement, a letter from  the  Defense  Finance  and  Accounting  Service  –
Cleveland Center (DFAS-CL), a letter from the Air Force Casualty  Assistance
office, a  durable  power  of  attorney,  a  letter  from  the  annuity  pay
operations office, a verification for survivor annuity form (DD  Form  2656-
7, a direct deposit sign up form, a withholding certificate for  pension  or
annuity payments (W-4P), a claim for unpaid compensation of deceased  member
of the uniformed services, and her father's death certificate.

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

_________________________________________________________________

STATEMENT OF FACTS:

According to the information provided by the Air  Force  office  of  primary
responsibility, the former service member and spouse were married on 14  Feb
49.  Defense Finance and Accounting Service  (DFAS)  records  indicate  that
the  member  elected  spouse  only  coverage  based  on  full  retired   pay
(immediate annuity) when he became eligible to receive  retired  pay  except
for attaining age 60.  The former service member's retired pay commenced  on
29 Dec 80 and RCSBP costs were deducted from his pay until 1 Dec  95  death.
If the widow or someone acting on her behalf had  submitted  a  valid  claim
for payment before 1 Dec 2001, she would be receiving monthly  SBP  payments
of approximately $360.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSIAR recommends denial of the applicant’s request.  DPSIAR  states
payment of SBP annuities are subject to  the  Barring  Act.   DPSIAR  opines
there is no evidence the applicant, the member's widow, or any other  person
responsible or concerned for this widow's well-being  submitted  an  annuity
claim within the six-year time limit.  The widow was notified by  the  DFAS-
DE on 3 Apr 96 and the Dover Air Force Base Casualty office on 5 Mar  97  of
her eligibility to apply for the SBP  annuity,  but  she  did  not  respond.
Furthermore, the applicant provided no medical  documentation  showing  that
her mother was incompetent or incapable of  handling  her  personal  affairs
during the six-year period following  the  member's  death.   The  power  of
attorney obtained to handle her mother's  affairs  was  not  obtained  until
2006 – nine years after the member's death.  The claim for late payment  was
reviewed by DFAS-CL and a letter was  sent  to  the  widow  on  17  Sep  07,
stating that there  is  no  authority  to  waive  the  six-year  statute  of
limitations.

The complete DPSIAR evaluation is at Exhibit B.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In her response dated 2 Jan 08, the applicant submits several  letters  from
medical doctors and her attorney in support of her earlier  claim  regarding
her mother's incapability to handle  her  own  affairs  over  the  past  six
years.

Her family was truly unaware of the extent of her mother's disability  until
the May 2005 intervention.  She reiterates many of her  earlier  contentions
of being unaware of her mother's mental condition.

The applicant's complete response, with attachments, is at Exhibit D.

______________________________________________________________

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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice.  It appears that mental medical  conditions
prevented the former servicemember’s spouse  from  applying  for  the  RCSBP
annuities due to her upon her  husband’s  death.   Therefore,  we  recommend
that the records be corrected as indicated below.

______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that  on  2  Dec  95  a  valid  claim  for
payment of RCSBP annuities was submitted by the surviving spouse, .

______________________________________________________________

The following members  of  the  Board  considered  AFBCMR  BC-2007-03521  in
Executive Session on 14 Feb 08, under the provisions of AFI 36-2603:

            Ms. Marcia Jane Bachman, Panel Chair
            Ms. Janet I. Hassan, Member
            Mr. Alan A. Blomgren, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Oct 07, w/atchs.
    Exhibit B   Letter, HQ AFPC/DPSIAR, dated 9 Nov 07.
    Exhibit C.  Letter, SAF/MRBR, dated 7 Dec 07.
    Exhibit D.  Letter, Applicant, dated 2 Jan 08 w/atchs.



                                   MARCIA JANE BACHMAN
                                   Panel Chair




AFBCMR BC-2007-03521




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 2 December 1995  a  valid
claim for payment of RCSBP annuities was submitted by the surviving  spouse,
.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency