RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03044 XXXXXXXXXX (DECEASED) COUNSEL: NONE XXXXXXXXXX (APPLICANT) HEARING DESIRED: NO APPLICANT REQUESTS THAT: His deceased father’s records be corrected to reflect that he made a valid claim for the Reserve Component Survivor Benefit Plan (RCSBP) annuity. APPLICANT CONTENDS THAT: He just learned his father’s death was not properly reported to the Air Force or to the Defense Accounting and Finance Service (DFAS); therefore he was not aware that he was entitled to RCSBP benefits. His mother advised him that no one from the Air Force notified her about this benefit. His parents never married and he was only 14 years of age at the time of his father’s death. He recently became aware of this entitlement from his father’s former colleague. In support of his request, the applicant provides a copy of his birth certificate and his father’s death certificate. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant was born on XX XXX XXXX. According to the RCSBP Election Certificate, dated 12 March 2001, the applicant elected Option C, “Immediate, Child Only” coverage, based on full retired pay naming the applicant as the eligible beneficiary. The member was transferred to the Retired Reserve List effective 2 December 2002. He was eligible for Reserve retired pay at age 60 under the provisions of Title 10, United States Code, § 1331. According to his death certificate, the member’s date of death was 15 November 2005. AIR FORCE EVALUATION: ARPC/DPTT recommends approval. The former member was unmarried at the time of his initial election and chose to elect Option C, “Immediate annuity for Child Only.” The applicant was a minor at the time of the former member's death; therefore, he was not briefed on the responsibility to report it to the branch of service to collect benefits. Under Title 31 United States Code, Subsection 3702 (b) (l), a pay claim against the government must be received by the agency that conducts the activity from which the claim arises within six years after the claim accrues. ARPC has no proof that the applicant placed a claim or knew a claim could be filed. If relief is granted, the record should be updated to reflect that the applicant made claim to the benefit and is entitled to the member's RCSBP effective the date of the member’s death - 15 November 2005, to completion of the applicant's eligibility as a college student. A complete copy of the DPTT evaluation, with attachments, is at Exhibit B. APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 22 September 2014, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit C). 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 an error or injustice. Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, we recommend the former member’s records be corrected as set forth below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to FORMER MEMBER, be corrected to show that on 15 November 2005, his son (APPLICANT) submitted a valid claim for payment of the Reserve Component Survivor Benefit Plan annuity under the provisions of Title 10, United States Code, Chapter 73, Subchapter II, Survivor Benefit Plan, and the aforesaid application was correct and complete, including all necessary documentation of dependency. The following members of the Board considered this application in Executive Session on 12 June 2015, under the provisions of AFI 36- 2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-03044 was considered: Exhibit A. DD Form 149, dated 25 July 2014, w/atchs. Exhibit B. Member’s Military Personnel Records. Exhibit C. Memorandum, ARPC/DPTT, dated 13 April 2015, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 30 April 2015.