RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02613
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased fathers record be changed to show he elected spouse
and child coverage under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The applicant claims she was to receive an Air Force check;
however, she has yet to receive it.
In support of her request, the applicant submits copies of death
certificates of the decedent and his spouse.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
At the time of the decedents retirement on 1 Oct 64, the
applicant was the dependent child. The decedent did not elect
coverage under the Retired Servicemans Family Protection Plan
(RSFPP), the survivor annuity program that was in effect prior to
the enactment of the SBP. The decedent elected spouse only
coverage based on full retired pay during the SBPs initial
enrollment period (21 September 1972 to 20 March 1974). The
decedent failed to name the applicant as a contingent child
beneficiary, although she was under age 22 and potentially
eligible at that time. The decedent died on 4 October 1983. His
spouse received SBP payments until her 23 May 2009 death.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial. DPSIAR states the applicant
offers no evidence that she has a disability that occurred before
age 18, or before age 22 while she was a full-time student. When
the decedent made his election with the SBP, it is unfortunate
the decedent excluded the applicant from the protection of SBP
since he was entitled to provide life-long coverage on her
behalf.
The DPSIAR complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states she was suppose to receive an Air Force
check once a month. Her mother died on 29 May 2009.
The applicants complete response, with attachments, is at
Exhibit D.
_________________________________________________________________
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 an error or an injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and the
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion the
applicant has failed to sustain her burden of proof of the
existence of an error or injustice. The Board would like to
point out that the letter provided by the applicant in her
rebuttal may have been valid when it was initially authorized;
however, it could not have been signed on 6 September 2011 since
the customer service representative who signed the letter retired
31 January 2000 and the medical doctor could not be located in
the Military Personnel Data System (MilPDS). Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and 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-2011-02613 in Executive Session on 14 February 2012,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-02613 was considered:
Exhibit A. DD Form 149, dated 5 July 2011, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 1 September 2011.
Exhibit C. Letter, SAF/MRBR, dated 16 September 2011.
Exhibit D. Letter, Applicant, not dated, w/atchs.
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