RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01301
INDEX CODE: 137.00
COUNSEL: Mariellen Ross
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 27 NOVEMBER 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
The widow of the former service-member be entitled to receive the Retired
Serviceman’s Family Protection Plan (RSFPP) and Survivor Benefit Plan (SBP)
annuities.
Examiner’s Note: The applicant is the niece and trustee for the former
service-member’s widow who is currently in a nursing home and suffers from
dementia.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She became trustee of her aunt in Nov 06 and discovered that she is not
receiving her late husband’s SBP annuities. Her aunt is in a nursing home
suffering from dementia and has accumulated a debt of approximately
$43,000.00. The annuities would help alleviate the debt.
In support of the application, the applicant submits the verification for
survivor annuity form, her personal statement, a letter from her attorney,
a certified copy of the former service member’s DD 214, a marriage license,
a copy of the death certificate, and copies of clinical progress reports.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
According to the information provided by the Air Force office of primary
responsibility, the former service-member and the applicant’s aunt were
married on 22 May 43. Defense Finance and Accounting Service (DFAS)
records indicate that the member elected spouse and child RSFPP coverage
prior to his 1 Sep 64 retirement. Subsequently, he elected maximum spouse
only coverage during the SBP open enrollment authorized by Public law 101-
189 (1 Apr 92 to 31 Mar 93). The member died on 7 May 99. Had a valid
claim been submitted before May 05, the widow would be receiving monthly
payments of approximately $223.00 from RSFPP and $1,637.00 from SBP.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRT recommends denial of the applicant’s request. DPPRT states
because more than six years have elapsed between the member’s death and
this application, the petitioner’s aunt may not be paid an RSFPP or SBP
annuity since the Barring Act’s six-year statute of limitations would have
run out in May 05. DPPRT declares they are not unsympathetic to the
widow’s medical condition; however, the failure to properly act on her
behalf is not grounds to waive the Barring Act.
The complete DPPRT evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In her undated and unsigned response, the applicant states that for her
aunt not to apply for her SBP annuity speaks volumes. She opines that
possibly her aunt’s loss of her husband of 56 years was much too traumatic
and thus began the onset of a severe depression that no one was aware of.
She and her aunt were in separate states and after her uncle’s death,
contact was even more minimal. She tried to contact her aunt by telephone,
but her aunt’s daughter would intercept the calls and not allow her to
speak with her aunt. Her cousin never told her that her aunt was ill. It
was not until after her cousin’s death in Nov 06 that she learned that she
was one of the custodian’s of her uncle’s last will and testament.
When she learned that her aunt was being housed in an assistant living
facility, she made several attempts to locate her but was unsuccessful.
She has since located the facility where her aunt now lives and learned
that she was in jeopardy of being evicted. She is using her personal funds
to help her aunt and has hired an attorney. It appears documentation was
filed to report her uncle’s death but the process for application of the
SBP annuity was never completed.
Her uncle was an educator and a retired college professor. He also
published a math book. Because of her uncle’s encouragement and support
she joined the Army and is now retired.
The applicant’s complete response is at Exhibit E.
_________________________________________________________________
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. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. It appears that mental medical conditions
prevented the former servicemember’s spouse from applying for the RSFPP and
SBP annuities due to her upon her husband’s death. Therefore, we recommend
that the records be corrected as indicated below.
______________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that on 1 Jun 99 a valid claim for
payment of RSFPP and SBP annuities was submitted by the surviving spouse,
______________________________________________________________
The following members of the Board considered AFBCMR BC-2007-01301 in
Executive Session on 7 June 2007, under the provisions of AFI 36-2603:
Ms. Kathy L. Boockholdt, Panel Chair
Ms. Janet I. Hassan, Member
Mr. Alan A. Blomgren, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Mar 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRT, dated 3 May 07.
Exhibit D. Letter, SAF/MRBR, dated 11 May 07.
Exhibit E. Letter, Applicant, undated.
KATHY L. BOOCKHOLDT
Panel Chair
AFBCMR BC-2007-01301
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 1 Jun 99 a valid claim
for payment of RSFPP and SBP annuities was submitted by the surviving
spouse,
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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