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
2
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
3
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