RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01327
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 5 NOVEMBER 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her father's records be corrected to show he elected child only Survivor
Benefit Plan (SBP) coverage.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She is the former member's disabled daughter and would like his annuity
survivor pay.
In support of her request, the applicant provides a copy of the former
member's death certificate. The applicant’s complete submission, with
attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired effective 1 February 1975 in the grade of technical
sergeant.
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 at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRT recommends denial. DPPRT states the former member elected
child only SBP coverage based on full retired pay prior to his 1 February
1975 retirement, but he did not report or document he had a disabled child.
The election reflected the applicant's date of birth as 8 June 1963 to
have been the former member’s youngest child at the time of his retirement.
DPPRT advises the applicant lost eligibility in June 1985 due to age.
They have no record showing that the former member submitted documents
indicting he had a disabled child at anytime prior to
his 14 August 2002 death. The AFPC/DPPRT complete evaluation is at Exhibit
B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was sent to the applicant on 28 July
2006 for review and comment within 30 days. As of this date, this office
has not received a response.
_________________________________________________________________
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. After careful consideration of the
applicant’s request and the evidence of record, we agree with the opinion
and recommendation of the appropriate office of primary responsibility and
adopt its rationale as the basis for our conclusion that the applicant has
failed to establish the existence of an error or injustice. In this
respect, we are constrained to note the applicant did not respond to the
letter requesting medical documentation to substantiate she is incapable of
self-support. Should the applicant provide the requested information, this
Board would be willing to review the documents for possible
reconsideration. Otherwise, in view of the foregoing, we must agree with
the office of primary responsibility that no basis exists 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 probable 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 Docket Number BC-2006-01327
in Executive Session on 5 October 2006, under the provisions of AFI 36-
2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Kathy L. Boockholdt, Member
Mr. John B. Hennessey, Member
The following documentary evidence pertaining to Docket Number 2006-01327
was considered:
Exhibit A. DD Form 149, dated 21 Apr 06, w/atchs.
Exhibit B. Letter, AFPC/DPPRT, dated 17 Jul 06.
Exhibit C. Letter, SAF/MRBR, dated 28 Jul 06.
MICHAEL K. GALLOGLY
Panel Chair
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