RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02288

  						COUNSEL:  NONE
  (DECEASED)
  						HEARING DESIRED:  NO 
  (APPLICANT)

APPLICANT REQUESTS THAT:

He receive the former member’s [his father] Reserve Component Survivor Benefits Plan (RCSBP) benefits from the time of former member’s death until reaching the age limit.

APPLICANT CONTENDS THAT:

His mother kept his benefits letter away from him.  She felt that since she was previously married to his father that she should receive everything.  Even until this very day she is still jealous and bitter of his inheritance.  It was not until December 2014 that he became aware of the letter.  At the time of his father’s death, he was underage and did not understand what he was entitled to.

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

STATEMENT OF FACTS:

According to Reserve Order Number EL-2816, dated 29 July 1992, the former member served in the Air Force Reserve (AFR) and died on 6 March 1992.  He served 20 years, 1 month, and 25 days for basic pay.  The order reflects the former member elected full coverage under SBP children only.  

On 3 June 1992, ARPC sent the former member’s sons a letter notifying them of their father’s election that provided them with an immediate RCSBP annuity.  The letter was sent in care of the applicant’s mother. 

According to DFAS-JFBEB/CL, the former member’s youngest son received the entire RCSBP annuity.  The youngest son was 13 years old at the time of the former member’s death.  

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-JFBEB/CL notes that the applicant is not entitled to the RCSBP annuity because he did not submit a timely claim in accordance with Title 31, United States Code, 3702(b) which provides a 6-year statute of limitation for filing claims against the Government.  In order to claim the RCSBP annuity, the applicant would have had to submit a claim form, provide proof that he was attending school full time, and submit within 6 years of former member’s date of death.  DFAS has no record of receiving a claim form and evidence of attending school full time from the applicant.  He had to have submitted his claim and evidence of full time school attendance within 6 years from the date of his father's death.  As a result, no RCSBP annuity is payable to him. All annuity entitlements on the account of former member have been paid and the account is now closed.

By way of background, the former member elected RCSBP coverage for children only, Option C, full coverage.  The former member died on 6 March 1992.  A condolence letter, dated June 3, 1992, with DD Form 1884, Application for Annuity, was sent to the former member’s two sons in care of their mother.  The former member’s RCSBP annuity information has been purged from the Annuity Pay System (APS).  The applicant was 19 years old at the time of former member’s death; therefore, he would have had to be attending school on a full time basis to be eligible for the annuity.  Historical purged records show that the applicant’s brother received the entire RCSBP annuity.  The brother’s date of birth is 17 August 1978 and he was 13 years old at the time of former member’s death.  The brother’s last annuity payment was made on 29 September 2000 when he turned age 22.

A complete copy of the DFAS-JFBEB/CL 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 13 June 2016 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 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.  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 OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  In this regard, we note that although the applicant may well have been a legal beneficiary on his father’s RCSBP, the SBP money was paid out by the Government to a qualifying beneficiary; the applicant’s younger brother.  The Board notes that if the applicant’s claim is accurate, that he did not get his legal share of the annuity due to his mother withholding information or money from him, he should pursue his quest in court because his request, due to the fact that the SBP has been fully paid out, now resides beyond the Board’s purview.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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-2015-02288 in Executive Session on 4 November 2016 under the provisions of AFI 36-2603:

		, Panel Chair
		, Member
		, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02288 was considered:

	Exhibit A.  DD Form 149, dated 27 May 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, DFAS-JFBEB/CL, dated 10 Jun 16.
	Exhibit D.  Letter, SAF/MRBR, dated 13 Jun 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter with regard to AFBCMR Docket Number BC-2015-02288.