RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-03243
            INDEX CODE:  137.00
            COUNSEL:  NONE


            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her late father’s records be corrected to show that he elected  her  as  the
beneficiary of his military retirement pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

At age 60, her father lived a productive life  and  was  working  full-time.
He slowly developed a series of various  medical  illnesses  that  prevented
him from following through with the submission of a claim for  his  military
retirement pay.  He was treated with narcotics which caused  drowsiness  and
memory loss.  He also experienced several strokes and had to be treated  for
high blood pressure and the beginning stages of Alzheimer’s disease.

After the loss of his wife, her father became extremely  depressed  and  was
treated with  anti-depressants  and  other  medications.   He  developed  an
enlarged  prostate  gland  which  was  surgically  treated.   His  illnesses
prevented him from handling his business affairs,  which  she  attempted  to
handle for him.  He initiated the process of his retirement  pay  on  16 Dec
06; however,  prior  to  submitting  the  forms  he  was  in  an  automobile
accident, spent several days recuperating and died before  the  forms  could
be mailed.

The probate processing  of  her  father’s  estate  lasted  approximately  18
months after which she became the caretaker of her grandmother.  She is  her
father’s sole heir and needs his retirement pay to help  take  care  of  her
grandmother.

In support of her request, the applicant submits copies of her  father’s  DD
Form  214,  Armed  Forces  of  the  United  States  Report  of  Transfer  or
Discharge, his NGB Form 22, Report of Separation and Record of Service,  and
his retirement paperwork.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 14 Nov 90, the former military  member  was  relieved  from  service  and
placed on the Retired Reserve List in the grade of master sergeant.  He  had
33 years, 5 months and 27 days of total service for pay.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibits B and D.

_________________________________________________________________

AIR FORCE EVALUATIONS:

HQ ARPC/DPP recommends  denial.   DPP  states  the  former  military  member
completed the service requirements for retired pay and on 6 Aug 81,  he  was
issued an official Notification of Eligibility for Retired Pay  at  age  60.
He turned 60 years of age on 11 Oct 92;  however,  he  never  submitted  his
application for retired pay.  He died on 14 Jan 07.

The complete DPP evaluation is at Exhibit B.

SAF/MRB Legal Advisor recommends approval of the applicant’s  request.   The
Legal Advisor states such an action would be consistent with AFBCMR  actions
in previous cases where a member or spouse did not apply for  retirement  or
survivor benefits due to age, infirmity or mental issues.

The complete SAF/MRB Legal Advisor evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the evaluations were forwarded to the applicant on 13 Nov  09  and
17 Feb 10, respectively, for review and comment within 30 days.  As of  this
date, this office has received no response (Exhibit E).

_________________________________________________________________

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  the  service  member
suffered from mental and medical conditions for many years  which  prevented
him from completing the process for receipt of his retirement pay  upon  the
eligibility date and  before  his  death.   Therefore,  we  agree  with  the
opinion  and  recommendation  of  the  Legal  Advisor  and   recommend   the
applicant’s 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 11 October 1992,  he  applied  for
Reserve retired pay to be  effective  on  11 October  1992,  and  designated
[name] as the eligible beneficiary for any unpaid retired pay.

______________________________________________________________

The following members  of  the  Board  considered  AFBCMR  BC-2009-03243  in
Executive Session on 10 Jun 10, under the provisions of AFI 36-2603:

      Panel Chair
      Member
      Member

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

    Exhibit A.  DD Form 149, dated 13 Aug 09, w/atchs.
    Exhibit B.  Letter, HQ ARPC/DPP, dated 30 Oct 09.
    Exhibit C.  Letter, SAF/MRBR, dated 13 Nov 09.
    Exhibit D.  Letter, SAF/MRB Legal Advisor, dated 16 Feb 10.
    Exhibit E.  Letter, AFBCMR, dated 17 Feb 10.




                                   Panel Chair
AFBCMR BC-2009-03243




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 11 October 1992, he
applied for Reserve retired pay to be effective on 11 October 1992, and
designated [NAME] as the eligible beneficiary for any unpaid retired pay.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency






















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