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AF | BCMR | CY2012 | BC-2012-01608
Original file (BC-2012-01608.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER:  BC-2012-01608 
COUNSEL:  NONE 
HEARING DESIRED: NO 

IN THE MATTER OF: 
   
   
    
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
The  former  member’s  record  be  corrected  to  authorize  Survivor 
Benefit Plan (SBP) spouse coverage. 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
She has a seriously disabled son who cannot care for himself and 
has been disabled since birth.  She is not able to take care of 
him on her income.  She feels that it was a mistake not having 
SBP coverage and her deceased husband should have elected spouse 
coverage.   
 
In support of her request, the applicant provides a copy of the 
former  member’s  AF  Form  1266,  Survivor  Benefit  Plan  (SBP) 
Election, a copy of the former member’s death certificate, a copy 
of the marriage certificate, a copy of the funeral expenses, and 
a cover letter from the Veterans of Foreign Wars of the U.S. 
 
Her complete submission, with attachments, is at Exhibit A.  
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The relevant facts pertaining to this application, extracted from 
the  applicant’s  military  records,  are  contained  in  the  letter 
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  granting  partial  relief.    DPSIAR  states 
there is no evidence of an Air Force error; however, to preclude 
an  injustice,  they  recommend  the  former  member’s  record  be 
corrected  to reflect his SBP beneficiary information documented 
his  son  was  incapable  of  self-support  before  age  18.    Approval 
should be contingent upon obtaining medical documentation as to 
 
 

the date of his initial diagnosis, and a notarized statement in 
which  the  applicant  affirms  the  former  member  never  married.  
Finally,  approval  should  be  contingent  upon  recovery  of  all 
applicable retroactive SBP premiums. 
 
The  member  elected  child  only  covererage  based  on  full  retired 
pay, and the applicant concurred in the election.  The form used 
to record SBP elections at the time did not contain a block to 
indicate  any  of  the  children  were  incapable  of  self  support.  
Consequently,  the member’s SBP coverage was suspended effective 
Aug  07  when  the  youngest  child  attained  age  22.    The  Defense 
Enrollment  Eligibility  Reporting  System  (DEERS)  reflects  the 
member’s  son  born  29  May  76  is  permanently  incapable  of  self 
support, but he does not have a valid dependent ID card. 
 
The member could have elected spouse and child coverage prior to 
retirement,  but  did  not.    He  also  could  have  provided  spouse 
coverage  on  the  applicant’s  behalf  during  the  two  SBP  open 
enrollments following his retirement, but did not. 
 
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 18 Jun 12 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  regarding  the 
applicant’s request to grant her spouse coverage under the SBP.  
We took notice of the applicant's complete submission in judging 
the merits of the case; however, we agree with the opinion and 
recommendation of the AFPC/DPSIAR and adopt its rationale as the 
basis  for  our  conclusion  that  the  applicant  has  not  been  the 
victim of an error or injustice.  However, we note that DPSIAR 
has  recommended  the  record  be  corrected  to  reflect  that  the 
former member’s son, Daniel, was incapable of self-support before 
the  age  of  18.    Approval  should  be  contingent  upon  obtaining 
medical  documentation  as  to  the  date  of  the  son’s  initial 
diagnosis  and  a  notarized  statement  in  which  the  applicant 
confirms the son has never married.  Although the applicant was 

 

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provided a copy of the DPSIAR evaluation, she has not responded 
and  provided  the  necessary  documentation.    As  such,  we  cannot 
make  a  favorable  recommendation  to  grant  this  relief  at  this 
time.    We  recommend  the  applicant  submit  a  request  and  provide 
the necessary documentation noted above if she would like to have 
the record corrected as recommended.  Therefore, in the absence 
of  evidence  to  the  contrary,  we  find  no  compelling  basis  to 
recommend  granting  the  relief  as  requested  by  the  applicant  or 
that recommended by AFPC/DPSIAR. 
 
_________________________________________________________________ 
 
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-2012-01608 in Executive Session on 27 Nov 12, under the 
provisions of AFI 36-2603: 
 
 
 
 
The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 23 Mar 12, w/atchs. 
    Exhibit B.  Letter, AFPC/DPSIAR, dated 30 May 12. 
    Exhibit C.  Letter, SAF/MRBR, dated 18 Jun 12. 
 
 
 
 
                                    
                                   Panel Chair 
 

 

 

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