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AF | BCMR | CY2012 | BC-2012-01309
Original file (BC-2012-01309.pdf) Auto-classification: Approved
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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