RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
DOCKET NUMBER: BC-2012-01338
IN THE MATTER OF:
COUNSEL: NONE
HEARING DESIRED: Not Indicated
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her former husband and deceased military member’s Survivor Benefit
Plan (SBP) coverage be changed to properly reflect their daughter
as being incapable of self-support prior to age 18.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She had no idea, until the death of the member, that SBP coverage
was dropped at the child’s 21st birthday.
In support of her appeal, the applicant provides copies of the
deceased former member’s death certificate, the child’s birth
certificate, and documentation related to the guardianship of the
child.
The applicant’s complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The deceased former member elected child only SBP coverage prior
to his 1 Apr 89 retirement and the applicant concurred in his
election. The member did not indicate that their daughter (DOB:
1 Dec 86) was incapable of self-support. Consequently, upon his
death on 5 Feb 11, the Defense Finance and Accounting Service
(DFAS) updated his records to reflect he no longer had an eligible
child effective Jul 09.
The laws controlling the SBP permits life-time eligibility for a
child who is incapable of self-support if the disability occurred
before the child attained age 18, or if the condition occurs
between the ages of 18 and 22 if the child is a full-time student.
The marriage of the child at any time terminates a handicapped
child’s eligibility for SBP payments.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR states is it reasonable to presume the member would
have properly indicated the child as disabled, making that fact a
matter of record, if he understood the impact on her life-long
eligibility to received SBP annuity payments. Therefore, in order
to preclude an injustice, granting the applicant’s request would
be appropriate, contingent upon receiving medical documentation as
to the date of her initial diagnosis and a notarized statement in
which the applicant affirms the child has never married.
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 4 Jun 12 for review and comment within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
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 error or injustice. After a thorough review
of the evidence of record and the applicant’s submission, we
believe a preponderance of the evidence supports corrective
action. We note AFPC/DPSIAR’s comment concerning the child’s
initial diagnosis and current marital status, however, we believe
the evidence submitted by the applicant to this Board is
sufficient to establish the applicant’s child, born 1 Dec 86, was
incapable of self-support prior to age 18. Therefore, we
recommend the deceased former member’s record be corrected as
indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the deceased former member be corrected to show that
on 1 April 1989, he elected child only coverage under the Survivor
Benefit Plan (SBP) based on full retired pay, with life-time
eligibility for his child, born 1 December 1986.
_________________________________________________________________
2
Panel Chair
Member
Member
The following members of the Board considered AFBCMR Docket Number
BC-2012-01338 in Executive Session 27 Nov 12, under the provisions
of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Feb 12, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 21 May 12.
Exhibit C. Letter, SAF/MRBR, dated 4 Jun 12.
Panel Chair
3
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