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AF | BCMR | CY2012 | BC-2012-04470
Original file (BC-2012-04470.txt) Auto-classification: Approved

RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-04470
			COUNSEL:  NONE
			HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

His record be changed to show he elected child only coverage 
under the Survivor Benefit Plan (SBP).

________________________________________________________________
_

APPLICANT CONTENDS THAT:

When completing his SBP documents prior to retirement, he was 
allowed to make pen and ink corrections to the election form.  
Subsequently, DFAS or whomever the approving authority is 
determined that his elections were unclear on the form - 
ultimately making the determination that he declined SBP.  His 
desire is to elect coverage for his special needs dependent.  
His child will never be able to live independently or care for 
herself and in the event of his demise, will need income to 
ensure adequate care is provided.

The applicant's complete submission, with attachment, 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 at 
Exhibit B.

________________________________________________________________
_

AIR FORCE EVALUATION:

AFPC/DPFFF recommends approval.  DPFFF states to preclude an 
injustice the applicant’s record should be corrected to show he 
elected child only SBP coverage based on full retired pay 
effective 1 March 2011.  His record should further be corrected 
to reflect his daughter (date of birth: 23 August 1995) is 
permanently incapable of self-support.

The applicant was married with eligible children when he retired 
effective 1 March 2011.  He was briefed on the options and 
effects of the SBP by the Schriever AFB CO, SBP counselor, 
completed an election, and his wife concurred in his election.  
However, due to an administrative oversight, the applicant 
erroneously marked both items 26c (child only) and 26g 
(declined), used to indicate beneficiary categories, 
invalidating the election.  Absent a valid election, DFAS-CL 
should have established full spouse and child coverage to comply 
with the law.  Instead, the applicant’s record was erroneously 
updated to reflect he declined SBP coverage.

The applicant’s wife provided a new concurrence statement, in 
which she acknowledged the permanent termination of her 
entitlement to future SBP protection and payments if relief is 
granted.  Since there is a possibility of an administrative 
error, it would be appropriate to grant relief.  Unfortunately, 
our authority to correct administrative errors under Title 10 
USC Section 1454 has expired.

The DPFFF complete evaluation, with attachments, is at Exhibit 
B.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 November 2012, a copy of the Air Force evaluation was 
forwarded to the applicant for review and response 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 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.  We took 
notice of the applicant’s complete submission in judging the 
merits of the case and agree with the recommendation of 
AFPC/DPFFF.  We note that the applicant’s spouse provided a 
concurrence statement, acknowledging permanent termination of 
her entitlement to future SBP.  As such, we believe the evidence 
is sufficient to find it in the interest of justice to correct 
the record.  Therefore, we recommend that the records be 
corrected as indicated below.

________________________________________________________________
_

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that his 
DAUGHTER, is permanently incapable of self-support and, on 1 
March 2011, he elected child only Survivor Benefit Plan coverage 
based on full retired pay.

________________________________________________________________
_

The following members of the Board considered AFBCMR Docket 
Number BC-2012-04470 in Executive Session on 17 June 2013, under 
the provisions of AFI 36-2603:


All members voted to correct the records, as recommended.  The 
following documentary was considered:

  Exhibit A.  DD Form 149, dated 24 September 2012, w/atch.
  Exhibit B.  Letter, AFPC/DPFFF, dated 31 October 2012, 
w/atchs.
  Exhibit C.  Letter, SAF/MRBR, dated 9 November 2012.

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