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AF | BCMR | CY2012 | BC-2012-04931
Original file (BC-2012-04931.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	  DOCKET NUMBER: BC-2012-04931
		  COUNSEL: NONE
			HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His deceased father’s records be corrected to reflect that he 
changed his spouse only coverage under the Survivor Benefit Plan 
(SBP) to child only. 

_________________________________________________________________

APPLICANT CONTENDS THAT:

In Sep 07, his mother suffered a massive heart stroke and it was 
his deceased father’s intent to change the beneficiary from his 
spouse to his disabled child.  

His mother is in a full-time care facility.  The Monroe County 
Welfare Department has taken all her assets, his disabled sister 
has power-of-attorney to represent their mother in all matters, 
and takes care of everything that is not covered by her existing 
medical insurance.

His deceased father sought advice and was assured that his 
daughter would be the recipient of his SBP benefits because of 
her disability. 

The Pennsylvania Welfare Department informed his sister that any 
assets owned or received by their mother should be transferred 
to her.  

In support of his appeal, the applicant provides copies of his 
deceased father’s death certificate, Autopsy Report, a power of 
attorney and various other documents associated with his 
request.  

The applicant's complete submission, with attachments, is at 
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 1 Jul 66, at the time of his retirement, the applicant’s 
deceased father and mother were married and had one dependent 
child.  

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: 

HQ ARPC/DPFFF recommends denial.  DPFFF states that the 
applicant’s deceased father did not elect coverage under the 
Retired Serviceman’s Family Protection Plan (RSFPP), the 
survivor annuity program in effect at the time of his retirement 
nor did he elect SBP coverage during the initial open enrollment 
period authorized by Public Law (PL) 92-425 (21 Sep 72).  
However, his deceased father elected spouse only coverage based 
on full retired pay during the open enrollment authorized by PL-
101-189 (1 Apr 92-31 Mar 93).  

DPFFF states that the applicant’s sister was over the age of 
22 and his deceased father did not name her as a contingent 
disabled child beneficiary.  In addition, absent a valid 
election for spouse and child coverage, the applicant’s sister 
is not a contingent child beneficiary nor can the applicant 
claim SBP annuity payments on his sister’s behalf.

SBP annuity cannot be transferred from a primary annuitant to 
another person, unless the annuitant dies and there is an 
eligible contingent child beneficiary.  

DPFFF states that the applicant provides no evidence that his 
sister has a disability that occurred before age 18 or before 
age 22 while she was a full-time student.

The complete DPFFF 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 8 Mar 13, for review and comment within 30 days 
(Exhibit C).  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 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 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’s 
deceased father has not been the victim of an error or 
injustice.  In view of the above and 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 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-2012-04931 in Executive Session on 29 Aug 13, under 
the provisions of AFI 36-2603:

	 		Panel Chair
      Member
			Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 16 Nov 12, w/atchs. 
	Exhibit B.  Letter, AFPC/DPFFF, dated 26 Feb 13
	Exhibit C.  Letter, SAF/MRBR, dated 8 Mar 13. 




							
							Panel Chair

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