RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03923 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The daughter of the deceased former military member is requesting a waiver of The “Barring Act” which would entitle her to claim the arrears of pay (monies due and unpaid to a member at time of death) that have been barred. APPLICANT CONTENDS THAT: She was born and raised in the Philippine Islands, solely by her mother and had not known the whereabouts of her father for a long time. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The deceased former military member initially entered the Regular Air Force on 8 Apr 50. On 31 Aug 68, the deceased former military member retired, and was credited with 24 years, 1 months, and 29 days of active service. According to the certificate of death, provided by the applicant, the former military member died on 1 Jan 94. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: DFAS recommends denial. The request to waive the barring statute must go through the Branch of Service and then ultimately to the Defense Office of Hearings and Appeals (DOHA) who has the authority to waive the barring act. The former military member passed away on 1 Jan 94. His retired pay account was suspended on 5 Dec 94. His last payment, dated 3 Jan 94, was electronically deposited at his financial institution, representing retired pay due for the period 1 Dec 94 through 31 Dec 94. The applicant provided a letter to DFAS, dated 19 Jan 04 advising them of the passing of the late military member, her father. A condolence letter, dated 15 Mar 04, with an enclosed claim form was sent to the applicant. The arrears of pay must be claimed within six years from the member’s date of death. Although, no claim was made within six years from the member’s date of death, the condolence letter is automatically sent when the death of a member has been confirmed. The applicant notified DFAS more than six years after the member’s death, there is no arrears of pay due. The “Barring Act”, Title 31 U.S.C. 3702(b), provides a six year statute of limitations for filing claims against the Government. The applicant may request to have the barring statute waived. The amount of arrears pay that would be payable if the barring statute was waived is $36.93 (1 day of retired pay due for 1 Jan 94). A complete copy of the DFAS evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 7 May 15 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. THE BOARD CONCLUDES THAT: 1. The applicant hasn’t 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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. In this respect, we note this Board is the highest administrative level of appeal within the Air Force. As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction. The Air Force office of primary responsibility has reviewed this application and indicated there is an available avenue of administrative relief the applicant has not first pursued. In view of this, we find this application is not ripe for adjudication at this level as there exists a subordinate level of appeal that has not first been depleted. Therefore, in view of the above, we find no basis to recommend granting the relief sought in this application. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material 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-2014-03923 in Executive Session on 11 Jun 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining AFBCMR Docket Number BC-2014-03923 was considered: Exhibit A. DD Form 149, dated 10 Sep 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, DFAS, dated 24 Oct 14. Exhibit D. Letter, SAF/MRBR, dated 7 May 15.