RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03945
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased spouses record be corrected to show that he made a
timely election for spouse and child coverage under the Survivor
Benefit Plan (SBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
Her husband passed away on 31 January 2013. She did not sign a
waiver concurring that her son was to receive the SBP. Her son
is 19 years old and incapable of handling money. He does not
have a job and is afraid to drive. She will always be
responsible for her sons welfare and the extra resources are
needed to care for her son.
In support of her appeal, the applicant provides a personal
statement, the deceased members death certificate, marriage
certificate, her birth certificate and a prior marriage divorce
decree.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Data extracted from the Air Force office of primary
responsibility reflect the decedent retired on 1 October 1996.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFFF recommends denial. Public Law (PL) 99-145, effective
1 March 1986, requires the spouse of a married member to concur
in any SBP election that does not provide the maximum level of
protection for the spouse. A married member who declines
spouse coverage at retirement, may not provide SBP coverage for
that spouse, or any spouse acquired following retirement,
unless Congress authorizes an open enrollment.
When child only SBP coverage is established, all eligible
children are potential beneficiaries. Unmarried children
remain eligible until age 18 or 22 if in school full-time. The
laws controlling the SBP permits life-time eligibility for a
child who is incapable of self-support if the disability
occurred before the child attains age 18, or if the condition
occurs between age 18 and 22 while the child is a full-time
student. Marriage at any age terminates a handicapped child's
eligibility for SBP payments.
The decedent and the applicant were married, had a dependent
child and he elected child only coverage based on a reduced
level of retired pay. The applicant concurred in this election.
The election form indicates their son is not disabled. The
Defense Finance and Accounting Service records reflect the son
as the eligible beneficiary. His eligibility will terminate on
or before his 22nd birthday, if married at any time or, not a
full-time student. The Defense Enrollment eligibility Reporting
System does not reflect that the son is permanently incapable of
self-support, but he does currently have a valid dependent ID
card.
On 16 October 2013, the applicant was asked to provide medical
documents showing the date her son was first diagnosed, the
nature and severity of the disability, if the disability is
permanent, a doctor's statement stating whether or not the
disability renders him incapable of self-support, and a
statement verifying he has not married.
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.
The complete DPFFF evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant forwarded her sons medical and educational
records and states he has suffered from learning disabilities
since early childhood. This issue has created problems for him
in a working environment, taking college courses and his fear of
driving a car. Because of these things, she will need to
support him.
The applicants complete response, with attachments, is at
Exhibit E.
________________________________________________________________
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. 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 agree with the opinion and the
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion that
that applicant has not been the victim of an error or injustice.
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. Regrettably, we find no basis
to grant the relief sought in the 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-2013-03945 in Executive Session on 7 August 2014,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Aug 13, w/atchs.
Exhibit B. Decedents Master Personnel Records.
Exhibit C. Letter, AFPC/DPFFF, dated 4 Nov 13.
Exhibit D. Letter, SAF/MRBR, dated 10 Jan 14.
Exhibit E. Letter, Applicants Response, dated 31 Dec 13,
w/atchs.
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