RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03853
INDEX CODE: 137.00, 137.01
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
This application for correction of the records of PHILIP E. MORGAN was
submitted by Mrs. Carol A. Morgan (Widow).
APPLICANT REQUESTS:
Corrective action showing that the former member terminated spouse and
child coverage under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her husband was 100 percent disabled. In the process of filing
claims, an SBP debt was discovered.
In support of her request, the applicant submits copies of her
husband’s death certificate, a marriage record, the former member’s DD
Form 214 and documents pertaining to the former member’s disability
retirement. The applicant’s complete submission, with attachments, is
at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from applicant’s submission reveals that the
former member was released from active duty on 5 April 1983 and,
effective 6 April 1983, his name was placed on the Temporary
Disability Retired List (TDRL) in the retired pay grade of technical
sergeant (E-6), with a compensable disability rating of 100 percent
for physical disability. He was credited with 18 years and 10 days of
service for basic pay and active service for retirement. On 12 March
1986, former member’s TDRL re-examination, the Informal Physical
Evaluation Board (IPEB) recommended permanent retirement, with a 100
percent compensable disability rating. The former member passed away
on 19 July 2003.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPTR recommends the application be denied. DPPTR states that
Public Law (PL) 96-402 permits members who have been rated 100 percent
disabled by the DVA for five continuous years immediately following
retirement or ten consecutive years if rated 100 percent after
retirement to withdraw from SBP. The former member elected spouse and
child SBP coverage, based on full retired pay, prior to being placed
on the Temporary Disability Retired List (TDRL), effective 6 April
1983. An SBP debt of approximately $39,300 accrued prior to the
former members death. DPPTR indicates there is no evidence the
decedent submitted a valid request to terminate his SBP coverage.
Furthermore, the applicant’s request, if approved, would not alleviate
the debt accrued to date. However, if the DVA awards the applicant
Dependency Indemnity Compensation (DIC), the SBP premium debt would be
suspended. The HQ AFPC/DPPTR evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 14
May 2004 for review and response. As of this date, no response has
been received by this office (Exhibit C).
_________________________________________________________________
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 recommendation of the Air Force
office of primary responsibility and adopt their rationale as the
basis for our conclusion that the applicant has not been the victim of
an error or injustice. Therefore, in the absence of evidence to the
contrary, 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 this application in
Executive Session on 20 July 2004, under the provisions of AFI 36-
2603:
Mr. Roscoe Hinton Jr., Panel Chair
Mr. Joseph A. Roj, Member
Mr. Michael J. Novel, Member
The following documentary evidence was considered in connection with
AFBCMR Docket Number BC-2003-03853.
Exhibit A. DD Form 149, dated 29 Oct 03, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPTR, dated 5 May 04.
Exhibit C. Letter, SAF/MRBR, dated 14 May 04.
ROSCOE HINTON JR.
Panel Chair
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR reviewed the application and states in reviewing the service member's records there is no evidence that he attempted to terminate the applicant's SBP following their divorce; nor is there any evidence to indicate that he requested cessation of costs when the law permitted SBP premiums to cease after a spouse beneficiary loses eligibility, therefore, they cannot speculate regarding...
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