RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02858
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The applicant is seeking action to correct the deceased service
members Survivor Benefit Plan (SBP) coverage to properly
reflect their son was incapable self-support prior to age 18.
________________________________________________________________
APPLICANT CONTENDS THAT:
The service member elected child only coverage under the SBP but
failed to annotate his son was disabled.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The former service member retired on 1 Nov 95.
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 notes there is no evidence of an Air Force error,
but recommends granting the applicants request to preclude a
possible injustice. Prior to his 1 Nov 95 retirement the
service member elected child only coverage under SBP. There was
no indication on the service members election form that either
of his sons was disabled. As of Aug 03, the service member had
no eligible child for SBP. The service member died on 2 Aug 09.
DPSIAR further notes its reasonable to presume the service
member would have indicated his son was disabled, if he
understood the impact on his sons life-long eligibility to
receive SBP annuity payments.
The laws governing SBP allows life-time eligibility for a child,
who is incapable of self-support, if the disability occurs prior
to the child reaching age 18, or if the disability occurs
between age 18 and 22 while a full-time student. The childs
eligibility will be terminated upon marriage.
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
3 Aug 12 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; however, we do not find the evidence presented
sufficient to conclude that corrective action is warranted. In
this respect we note that, 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 disability that
occurred prior to the child reaching age 18, or if the
disability occurs between age 18 and 22 while a full-time
student. While, the applicant has provided documentation
indicating her son was diagnosed with a disability, said
documentation is not sufficient to conclude that her sons
disability rendered him incapable of self-support as defined in
the governing statute. However, should the applicant provide
documentation substantiating her son was rendered incapable of
self-support prior to age 18 or that his disability occurred
between the age 18 and 22 while a full-time student, we would be
willing to reconsider the 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-2012-02858 in Executive Session on 13 Mar 13 and
25 Apr 13, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 May 12, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 25 Jul 12.
Exhibit C. Letter, SAF/MRBR, dated 3 Aug 12.
Panel Chair
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 | 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 | 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-2012-01713
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. While, the applicant has provided...
AF | BCMR | CY2011 | BC-2011-04775
However, he had an eligible child and elected child only SBP coverage based on full retired pay prior to his 1 December 1978 retirement. 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 Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. The Board is willing to reconsider...
AF | BCMR | CY2013 | BC 2012 05727
________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFFF recommends denial indicating there is no evidence of an error or injustice. While his signature on the SBP-RIP certifies he was briefed...
AF | BCMR | CY2012 | BC 2012 05727
________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFFF recommends denial indicating there is no evidence of an error or injustice. While his signature on the SBP-RIP certifies he was briefed...
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 | CY2013 | BC 2013 04695
Another dependent child was born on 4 December 1981 after the decedents retirement. DPFFF states there is no evidence of Air Force error; however, to preclude an injustice, they recommend the record be corrected. The members record should be corrected to reflect he elected spouse and child coverage based on full retired pay effective 1 August 1980, and his son is permanently incapable of self- support.