AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01309
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
The deceased former member’s records be corrected to reflect his
three children born after his retirement are his Survivor
Benefit Program (SBP) beneficiaries.
________________________________________________________________
APPLICANT CONTENDS THAT:
The deceased former member had two children at the time of his
retirement. He elected SBP coverage for his spouse and children
before he retired. He later divorced his spouse, but remarried
and had three children with the applicant. The deceased former
member believed his three youngest children were beneficiaries
of his SBP due to the fact that he elected spouse and child
coverage.
In support of the request, the applicant provides copies of the
deceased former member’s death certificate and the birth
certificates of his youngest three children.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained
in the letter prepared by the Air Force office of primary
responsibility, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends approval. Title 10 USC § 1447(11)
describes a dependent child’s eligibility as an SBP beneficiary.
Members who elect child coverage cannot exclude an eligible
child. In the event a participant with child coverage acquires
additional children following retirement, the child is
immediately eligible as a potential SBP beneficiary. It is
incumbent upon a member to properly advise Defense Enrollment
Eligibility Reporting System (DEERS) and Defense Finance and
Accounting System—Cleveland (DFAS-CL) when a new child is
acquired. However, despite a member’s failure to make timely
notification, the laws controlling the SBP provide automatic,
immediate protection for the child. The deceased member was
married, had dependent children, and elected spouse and child
coverage based on full retired pay prior to his 1 Nov 81
retirement. The deceased member and his previous spouse
divorced on 23 Sep 82, and the spouse’s portion of his SBP
coverage was suspended. The deceased and the applicant married
on 21 Mar 87, and he properly notified DFAS-CL to resume spouse
coverage. Subsequently, the applicant and the deceased member
had three children, but there is no evidence the deceased
advised DFAS-CL of the birth of these three children.
Nevertheless, each child became eligible as a contingent SBP
beneficiary upon birth. Since the deceased member failed to
notify DFAS-CL, the additional monthly premium for their
coverage was not deducted from his retired pay. The member’s
failure to properly advise DFAS-CL of the children’s birth does
not negate their eligibility as contingent SBP beneficiaries.
The applicant is less than age 55; therefore, in the event she
remarries, the eligible children would equally share the SBP
annuity payment. While there is no evidence of an Air Force
error, in the interest of justice, the applicant’s request
should be approved, contingent upon recoupment of applicable
premiums.
The complete AFPC/DPSIAR 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 30 May 12 for review and comment within 30 days.
As of this date, no response has been received by this office
(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. Sufficient relevant evidence has been presented to
demonstrate the existence of an injustice. Although we find no
evidence of an error on the part of the Air Force, after careful
2
consideration of the evidence of record and the merits of the
case we agree with the opinion and recommendation of the Air
Force office of primary responsibility and adopt its rationale
as the basis for our conclusion the applicant has been the
victim of an injustice. Therefore, we believe the applicant’s
records should be corrected to the extent indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that on
their birth dates he notified the Defense Finance and Accounting
Service—Cleveland of the births of his three children: James on
20 April 1998, Jessica on 26 June 2000, and Charles on
5 August 2002.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-01309 in Executive Session on 19 Dec 12, under
the provisions of AFI 36-2603:
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Panel Chair
Exhibit A. DD Form 149, dated 1 Apr 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIAR, dated 17 May 12.
Exhibit D. Letter, SAF/MRBR, dated 30 May 12.
Panel Chair
Member
Member
3
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