RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00685
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Corrective action be taken to show her deceased former spouse elected
to change his Survivor Benefit Program (SBP) election from spouse only
to spouse and child to include their son who was born after he
retired.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her son was never added to SBP. On 16 October 2000, she and her then
husband traveled to Fort Benjamin Harrison to renew ID cards. While
there, her then husband asked about how he could be sure his son would
be covered on all his military benefits. The technician informed them
that their son was automatically covered and they needed to take no
action. She contends her deceased former spouse was a responsible man
and would have taken care of this situation had he known there would
be a problem.
In support of her appeal, the applicant has provided her marriage
license, her deceased former spouse’s death certificate, copies of an
email trail between the Army Review Board and the Air Force Review
Board, a copy of their son’s birth certificate, and a copy of the DD
Form 2656, Data of Payment for Retired Personnel.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 15 July 1994, the deceased member had no eligible children and he
elected spouse only coverage based on full, retired pay prior to being
placed on the Temporary Disability Retired List. He was permanently
retired for disability effective 18 February 1996. On 8 April 2000,
his son was born; however, there is no evidence the decedent notified
the finance center of his son’s birth or his desire to add him to the
Plan. He died on 10 March 2002 and the applicant began receiving
monthly SBP annuity payments. She remarried on 3 May 2003, prior to
age 55, and lost her eligibility to receive the annuity.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR recommends denial. While DPPTR can neither confirm nor
deny the applicant’s claim of receiving misinformation, members are
routinely reminded to immediately contact the Defense Finance and
Accounting Service – Cleveland to report any beneficiaries acquired
after retirement. Furthermore, information pertaining to the one-year
time restraint for adding a newly acquired spouse or child was
published in the May 2000 issue of the Afterburner, USAF News For
Retired Personnel, as well as points of contact for members to use to
gain additional guidance. Finally, the applicant provided no
explanation for waiting until she lost eligibility to receive the SBP
annuity due to remarriage to seek correction.
DPPTR’s complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 9
April 2004 for review and comment within 30 days. 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 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 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. The deceased member’s child was born in 2000
but there is no evidence to show the decedent ever took action to
provide coverage for him under the SBP. 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 AFBCMR Docket Number BC-
2004-00685 in Executive Session on 20 July 2004, under the provisions
of AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Ms. Patricia D. Vestal, Member
Mr. Joseph A. Roj, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Oct 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPTR, dated 2 Apr 04.
Exhibit D. Letter, SAF/MRBR, dated 9 Apr 04.
ROSCOE HINTON JR
Panel Chair
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