RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-01713 

 

 (DECEASED SERVICE) COUNSEL: NONE 

 MEMBER) 

 (APPLICANT) 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

The applicant is seeking action to correct her deceased father’s 
Survivor Benefit Plan (SBP) coverage to properly reflect she was 
incapable of self-support prior to age 18. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She is the adult daughter who continues to suffer from a 
disabling condition which was diagnosed before her 18th birthday. 
She has never married and both of her parents are deceased. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The deceased former service member retired on 1 May 1966. 

 

According to information provided by the applicant, on 
9 April 2012, the Social Security Administration determined the 
applicant was found to be disabled by their standards on 
31 May 1975 and that she is currently disabled. 

 

By letter dated 16 April 2012, the applicant’s physician states 
she has been under his care for several years and is permanently 
disabled. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of the 
Air Force, which is attached at Exhibit B. 

 

_________________________________________________________________ 

 


AIR FORCE EVALUATION: 

 

AFPC/DPSIAR recommends granting the requested relief. The 
service member elected spouse and child coverage under SBP during 
an open enrollment period following the Plan’s initial open 
enrollment. The applicant was born on 12 October 1959 and lost 
eligibility to SBP in October 1977. The service member died on 
10 January 2006 and his spouse died on 8 April 2012. The laws 
controlling SBP permits life-time eligibility for a child who is 
incapable of self-support if the disability occurs before the 
child attains age 18, or if the condition occurs between age 18 
and 22 while the child is a full-time student. There is no 
indication the service member updated his SBP record to reflect 
the applicant’s disabling condition was diagnosed as early as 
March 1975. However, it is reasonable to presume the service 
member would have properly indicated the applicant was disabled, 
making that fact a matter of record, if he understood the impact 
on her life-long eligibility to receive SBP annuity payments. 

 

The complete AFPC/DPSIAR evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to applicant on 
20 June 2012 for review and comment within 30 days (Exhibit C). 
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. We took notice 
of the applicant’s complete submission in judging the merits of 
the case. We note the comments by the Air Force office of 
primary responsibility (OPR) recommending favorable action. 
However, under the laws governing SBP, a child can obtain 
lifetime eligibility for SBP if they are incapable of self-
support because of a mental or physical incapacity existing 
before the person’s eighteenth birthday. While, the applicant 
has provided documentation indicating she was diagnosed with a 
disability prior to age eighteen, a condition for which she 
receives benefits from the social security administration, we do 
not find the evidence presented by the applicant sufficient to 
conclude that her disability renders her incapable of self 


support as defined in the governing statute. However, should the 
applicant provide documentation substantiating she is incapable 
of self-support, we would be willing to reconsider her case based 
on new evidence. Therefore, in the absence of evidence to the 
contrary, 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-2012-01713 in Executive Session on 19 December 2012, 
and 28 February 2013 under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 30 April 2012, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 12 June 2012. 

 Exhibit C. Letter, SAF/MRBR, dated 20 June 2012. 

 

 

 

 

 Panel Chair