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 fathers 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 fathers 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 fathers 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 applicants
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
applicants deceased father did not elect coverage under the
Retired Servicemans 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 applicants 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 applicants sister
is not a contingent child beneficiary nor can the applicant
claim SBP annuity payments on his sisters 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 applicants
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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