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AF | BCMR | CY2004 | BC-2004-00685
Original file (BC-2004-00685.doc) Auto-classification: Denied





                       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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