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

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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.
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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.

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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.

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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.

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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.

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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.

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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:

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.