RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04312 COUNSEL: NONE HEARING DESIRED: NOT INDICATED APPLICANT REQUESTS THAT: She receive any unpaid compensation from her deceased father’s military retired pay account. APPLICANT CONTENDS THAT: After her father’s death in 2000, her sister received a letter requesting the names and addresses of her and her siblings. She did not know about the letter or the portion of the retired pay due to her and her siblings. She has enclosed a copy of the correspondence to clear this matter. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The decedent retired from the Air Force effective 31 October 1962. He passed away on 6 January 2000. 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-JFBE/CL recommends denial. The decedent’s passed away on 6 January 2000. His last payment, dated 1 February 2000 was deposited into his financial institution. The payment was returned on 3 February 2000. Pursuant to Title 10, USC 2771, arears of retired pay are paid to the person living on the date of the retiree’s death in the following order of precedence: Beneficiary designated in writing, surviving spouse, children and their descendants, father and mother, legal representative, person entitled under the law of the domicile of the deceased retiree. The decedent did not have a designation in writing and he was not married at the time of his death. The arrears of pay due for the period of 1 through 6 January 2000 in the amount of $202.20 was payable to the surviving children in equal shares. One of his children reported his death and provided a copy of his will. A letter was sent to her dated 15 July 2000, explaining that DFAS does not recognize wills and that since her father did not have a designated beneficiary on file, the arrears will be paid in equal shares to any surviving children. The letter requested that she furnish the addresses of her siblings so the claim forms could be sent to them. That child was paid her share of arrears; however, DFAS never received the addresses and nor was there any correspondence received. The applicant states her sister failed to inform her and her siblings of the request for their addresses and of their share of arrears until August 2014. The arrears must be claimed within six years from the member’s death. The Barring Act Title 31 USC 3702 (b)_provides a 6-year statute of limitations for filing claims against the Government. The applicant may request to have the barring statue waived. DFAS does not have the authority to waive the barring statute. To request to waive the statute, the applicant must go through the branch of service and then ultimately the Defense Office of Hearing and Appeals (DOHA) who has the authority to waive the barring act. The complete DFAS evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the DFAS evaluation was forwarded to the applicant on 17 February 2015 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 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. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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-2014-04312 in Executive Session on 22 July 2015 under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 14 Oct 14, w/atchs. Exhibit B. Letter, DFAS, dated 5 Jan 15. Exhibit C. Letter, SAF/MRBR, dated 17 Feb 15.