RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01713
(DECEASED SERVICE) COUNSEL: NONE
MEMBER)
(APPLICANT)
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The applicant is seeking action to correct her deceased fathers
Survivor Benefit Plan (SBP) coverage to properly reflect she was
incapable of self-support prior to age 18.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She is the adult daughter who continues to suffer from a
disabling condition which was diagnosed before her 18th birthday.
She has never married and both of her parents are deceased.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The deceased former service member retired on 1 May 1966.
According to information provided by the applicant, on
9 April 2012, the Social Security Administration determined the
applicant was found to be disabled by their standards on
31 May 1975 and that she is currently disabled.
By letter dated 16 April 2012, the applicants physician states
she has been under his care for several years and is permanently
disabled.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is attached at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends granting the requested relief. The
service member elected spouse and child coverage under SBP during
an open enrollment period following the Plans initial open
enrollment. The applicant was born on 12 October 1959 and lost
eligibility to SBP in October 1977. The service member died on
10 January 2006 and his spouse died on 8 April 2012. The laws
controlling SBP permits life-time eligibility for a child who is
incapable of self-support if the disability occurs before the
child attains age 18, or if the condition occurs between age 18
and 22 while the child is a full-time student. There is no
indication the service member updated his SBP record to reflect
the applicants disabling condition was diagnosed as early as
March 1975. However, it is reasonable to presume the service
member would have properly indicated the applicant was disabled,
making that fact a matter of record, if he understood the impact
on her life-long eligibility to receive SBP annuity payments.
The complete AFPC/DPSIAR evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on
20 June 2012 for review and comment within 30 days (Exhibit C).
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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicants complete submission in judging the merits of
the case. We note the comments by the Air Force office of
primary responsibility (OPR) recommending favorable action.
However, under the laws governing SBP, a child can obtain
lifetime eligibility for SBP if they are incapable of self-
support because of a mental or physical incapacity existing
before the persons eighteenth birthday. While, the applicant
has provided documentation indicating she was diagnosed with a
disability prior to age eighteen, a condition for which she
receives benefits from the social security administration, we do
not find the evidence presented by the applicant sufficient to
conclude that her disability renders her incapable of self
support as defined in the governing statute. However, should the
applicant provide documentation substantiating she is incapable
of self-support, we would be willing to reconsider her case based
on new evidence. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the relief
sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2012-01713 in Executive Session on 19 December 2012,
and 28 February 2013 under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 April 2012, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 12 June 2012.
Exhibit C. Letter, SAF/MRBR, dated 20 June 2012.
Panel Chair
AF | BCMR | CY2012 | BC-2012-01608
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. 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...
AF | BCMR | CY2012 | BC-2012-01338
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. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the deceased former member be corrected...
AF | BCMR | CY2012 | BC 2012 01713 2
ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01713 COUNSEL: NONE (DECEASED FORMER SERVICE MEMBER) (APPLICANT) HEARING DESIRED: NO ______________________________________________________________ APPLICANT REQUESTS THAT: Her late fathers records be corrected to reflect his Survivor Benefit Plan (SBP) coverage reflects she was incapable of self- support prior to age 18. There is no evidence the service...
AF | BCMR | CY2012 | BC-2012-03916
Despite the applicants failure to submit a valid former spouse election change, he did not request SBP coverage to terminate following their divorce, indicative of his intent to continue SBP coverage for his former spouse. In this respect, we note 2 the applicant elected spouse and child SBP coverage based on full retired pay prior to his 1 Sep 00 retirement and believe his action to allow SBP premiums to be deducted from his retired pay for years following his divorce without requesting...
AF | BCMR | CY2013 | BC 2013 03945
In the event the applicant provides the requested documents, it would be appropriate to correct the decedents records to reflect his son is permanently incapable of self-support. While the applicant has provided medical documentation regarding her son, there is no evidence from a medical provider that her son is incabable of self support. Exhibit E. Letter, Applicants Response, dated 31 Dec 13, w/atchs.
AF | BCMR | CY2012 | BC-2012-02858
As of Aug 03, the service member had no eligible child for SBP. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. Exhibit C. Letter,...
AF | BCMR | CY2004 | BC-2004-02399
___________________________________________________________________ APPLICANT CONTENDS THAT: At the time of his retirement from the Air Force he elected child coverage under the SBP. If his daughter’s disability was diagnosed while she was otherwise eligible, the member could have elected coverage on her behalf during the initial open enrollment; however, there is no evidence such an election was submitted. We believe the applicant would have elected to provide coverage for his daughter...
AF | BCMR | CY2012 | BC-2012-04817
Additionally, AFPC/DPFFF has also confirmed this was a systemic problem as members who retired prior to 2000 were not routinely counseled on the negative impact caused by SBP annuity payments for disabled children who are entitled to other federal and state disability benefits. Based on the aforementioned, the Board recommends the applicants records be corrected as indicated below. Exhibit C. Letter, SAF/MRBR, dated 14 Dec 12.
AF | BCMR | CY2013 | BC-2013-00641
With the help of his attorney, he prepared all the necessary documentation to properly claim the SBP entitlement and submitted this information to DFAS. Additional relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. Her father enrolled in the SBP and subsequently elected maximum spouse and child coverage during an SBP open enrollment, and had a Helpless Child. Her mother predeceased her father by approximately...
AF | BCMR | CY2013 | BC 2013 01431
The remaining relevant facts pertaining to this application are contained in the letters prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: DFAS-JFBE/CL recommends denial, indicating there is no evidence of an error or injustice. The deceased former member retired on 31 May 96 and declined SBP coverage. The applicant became entitled to DIC...