RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03578 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: She be named as the former member’s Survivor Benefits Plan (SBP) beneficiary due to being incapable of self-support. _________________________________________________________________ APPLICANT CONTENDS THAT: When her father retired there was no provision on the form to indicate he had a handicapped child. She has been disabled since she was 4 years old and will be disabled the rest of her life. She learned of her father’s SBP election during a counseling session at Davis-Monthan Air Force Base. In support of her request, the applicant provides a copy of the former member’s death certificate, extracts from her medical records, a personal notarized note, and copies of her birth certificate/report of birth. Her complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: Additional relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIAR recommends approval. DPSIAR states there is no evidence of an Air Force error; however, to preclude an injustice, they recommend the former member’s record be corrected to reflect his SBP beneficiary information documented his daughter was incapable of self-support before age 18. Approval should be contingent upon documentation that states Zaneta’s disability rendered her incapable of self-support and recovery of all applicable retroactive costs. The DPSIAR complete evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 26 Nov 10 for review and comment within 30 days. As of this date, this office has received no 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 do not agree with the opinion and recommendation of the Air Force office of primary responsibility. While the record shows the applicant was covered under SBP until the age of 22, the record does not reflect she was incapable of self-support. Additionally, the documentation provided by the applicant is not, in our opinion, sufficient to substantiate she is incapable of self support. However, the Board is willing to reconsider the applicant’s request if she provides definitive evidence that her disability renders her incapable of self support. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting relief. _________________________________________________________________ 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. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-03578 in Executive Session on 23 Feb 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 16 Sep 10, w/atchs. Exhibit B. Letter, AFPC/DPSIAR, dated 19 Nov 10. Exhibit C. Letter, SAF/MRBR, dated 26 Nov 10. Panel Chair