RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03578
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be named as the former members Survivor Benefits Plan (SBP)
beneficiary due to being incapable of self-support.
_________________________________________________________________
APPLICANT CONTENDS THAT:
When her father retired there was no provision on the form to
indicate he had a handicapped child. She has been disabled since
she was 4 years old and will be disabled the rest of her life.
She learned of her fathers SBP election during a counseling
session at Davis-Monthan Air Force Base.
In support of her request, the applicant provides a copy of the
former members death certificate, extracts from her medical
records, a personal notarized note, and copies of her birth
certificate/report of birth.
Her complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Additional relevant facts pertaining to this application,
extracted from the applicants military records, are contained in
the letters prepared by the appropriate office of the Air Force.
Accordingly, there is no need to recite these facts in this
Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends approval. DPSIAR states there is no
evidence of an Air Force error; however, to preclude an
injustice, they recommend the former members record be corrected
to reflect his SBP beneficiary information documented his
daughter was incapable of self-support before age 18. Approval
should be contingent upon documentation that states Zanetas
disability rendered her incapable of self-support and recovery of
all applicable retroactive costs.
The DPSIAR complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 26 Nov 10 for review and comment within 30 days. As of this
date, this office has received no response.
_________________________________________________________________
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 do not agree with the opinion and
recommendation of the Air Force office of primary responsibility.
While the record shows the applicant was covered under SBP until
the age of 22, the record does not reflect she was incapable of
self-support. Additionally, the documentation provided by the
applicant is not, in our opinion, sufficient to substantiate she
is incapable of self support. However, the Board is willing to
reconsider the applicants request if she provides definitive
evidence that her disability renders her incapable of self
support. Therefore, in the absence of evidence to the contrary,
we find no basis to recommend granting relief.
_________________________________________________________________
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-2010-03578 in Executive Session on 23 Feb 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Sep 10, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 19 Nov 10.
Exhibit C. Letter, SAF/MRBR, dated 26 Nov 10.
Panel Chair
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