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AF | BCMR | CY2003 | BC-2002-02743
Original file (BC-2002-02743.doc) Auto-classification: Denied

                            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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