RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-02743
INDEX CODE:137.00
APPLICANT (Deceased) COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His late-father’s records be corrected to entitle him to a Survivor
Benefit Plan (SBP) annuity.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is the disabled child of the servicemember and his eligibility for
SBP has not been documented.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The servicemember, prior to his 1 October 1974 retirement, elected
spouse and child coverage based on full retired pay.
Under the provisions of SBP a child beneficiary remains eligible for
SBP until the age of 18, or until 22 if the child is a full time
student. If the child is not self supporting due to a disability
incurred before age 18 or, while a full time student before age 22,
the child is an eligible beneficiary for life. However, marriage at
any age terminates eligibility and if the marriage ends in divorce or
death, eligibility status cannot be restored.
The remaining relevant facts pertaining to this application, extracted
from the applicant's military records, are contained in the letter
prepared by the appropriate office of the Air Force.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR states the applicant has not provided any evidence to show
he was full a time student when he was diagnosed with
paranoid schizophrenia. DPPTR further states that during a 3
December 2002, telephone conversation the applicant stated that
between the ages of 18 through 22 he was performing odd jobs.
Furthermore, the applicant does not offer any explanation for his
delay in seeking correction of his late-father’s military records.
Based on the evidence provided they recommend the requested relief be
denied.
A complete copy of the evaluation is attached at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 20 December 2002, for review and response. 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;
however, we agree with the opinion and the recommendation of the Air
Force and adopt their rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice. The
applicant has provided no evidence to show that he was a full-time
student at the time he was originally diagnosed with paranoid
schizophrenia. Further, we find no evidence that his late father
submitted the requisite paperwork indicating he had a disabled child.
However, should the applicant provide documentation to show he was a
full-time student during the contested time period, this Board would
be willing to review the materials for possible reconsideration.
Otherwise, in view of the foregoing, we find no compelling basis to
recommend granting the relief sought in this application.
_________________________________________________________________
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-
2002-02743 in Executive Session on 8 April 2003, under the provisions
of AFI 36-2603:
Ms. Kathy L. Boockholdt, Panel Chair
Mr. Roscoe Hinton, Jr., Member
Mr. Joseph A. Roj, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Aug 02, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPTR, dated 13 Dec 02.
Exhibit C. Letter, SAF/MRBR, dated 20 Dec 02.
KATHY L. BOOCKHOLDT
Panel Chair
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