RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-00775
            INDEX CODE:  137.00
            COUNSEL:  NONE
            HEARING DESIRED: NOT INDICATED

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be changed to  add  his  children  under  the  Reserve  Component
Survivor  Benefit  Plan  (RCSBP)  election  with  coverage  for  spouse  and
children, Option CF, based on full retired pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he originally made his  election  for  coverage  at  the  time  of  his
retirement, he elected spouse only coverage.  In 2003 he  made  an  election
for spouse  and  child  coverage.   He  has  a  child  that  is  permanently
incapacitated.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant elected RCSBP  –  Option  CA,  Immediate  Annuity  for  spouse
coverage based on full-retired pay on 21 February 1989.

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AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  DPP states that by law, an  RCSBP  election  is
irrevocable unless there is a change in marital status.   If  the  applicant
loses his spouse by divorce, he has one year from the  date  of  divorce  to
change his election.

The applicant did not include his  child  in  his  initial  election  on  21
February 1989 nor did he notify this office  when  he  acquired  this  child
within a year as required by law.  A  package  was  sent  to  the  applicant
clearly stating that any life changing events  must  be  reported  within  a
year of the event.  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, dissolution, or annulment.

In 2003, ARPC sent a letter to the applicant stating it was  time  to  apply
for his Reserve retired pay to be effective  on  7  August  2003,  his  60th
birthday.  Included with the letter was some general information on  retired
pay, the appropriate pay application forms,  and  a  copy  of  his  original
RCSBP election from 1989.  When the applicant completed his application  for
retired pay - he changed his election from spouse only to spouse  and  child
declaring his disabled child.  DPP's records indicate that his  retired  pay
order was published and his  case  forwarded  to  the  Defense  Finance  and
Accounting Service (DFAS) prior to his 60th birthday where his  retired  pay
account was established.  The RCSBP election was not changed to  spouse  and
children when they established his retired pay account in 2003.

Since the applicant failed to include  children  coverage  in  his  original
election when he documented that he had children, or notify DPP  within  one
year after his stepson became his dependent, if he was not at  the  time  of
the original election and provide documentation to  verify  the  disability,
he is not eligible.  Title 10, U.S.C., Section 1447(11)(ii)(III)  defines  a
dependent child in one sense as a person who is incapable of  self  support,
because of a mental or physical  incapacity  existing  before  the  person's
eighteenth birthday, but before the person's twenty-second  birthday,  while
pursuing a full time course of study or training.  AFI 36-3006  also  states
that  medical  documentation  is  needed  to  indicate  the  nature  of  the
disability, the onset of the disability and the expected  duration,  if  not
permanent.

The complete DPP evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states that when he completed  the
SBP form he did  so  without  the  benefit  of  counsel  and  without  fully
understanding that the designation that he would make at the time  he  would
begin to receive his retirement would not be counted.  He  assumed  that  he
stepson would be included since he has been his dependent since he  acquired
him when he married his mother on 25 December 1969.   He  has  always  lived
with him and his wife and has had military benefits under his care  when  he
was active duty Air Force.  He has been  disabled  since  birth  and  he  is
dependent upon him for support.

The applicant's complete response is at 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 timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or injustice.  The applicant’s  contentions  are  duly
noted; however, we agree with the opinion and recommendation of  the  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.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and 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-2008-
00775 in Executive Session on 24 July 2008, under the provisions of AFI  36-
2603:

                 Ms. B J White-Olson, Panel Chair
                 Ms. Janet I. Hassan, Member
                 Mr. Garry G. Sauner, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 25 February 2008.
   Exhibit B.  Letter, ARPC/DPP, dated 22 April 2008, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 25 April 2008.
   Exhibit D.  Letter, Applicant, dated 22 May 2008.





                 B J WHITE-OLSON
                 Panel Chair