RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-02743
		INDEX CODE:137.00

	APPLICANT (Deceased)	COUNSEL:  None

	SSN	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His late-father’s records be corrected to entitle him to a Survivor Benefit Plan (SBP) annuity.

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APPLICANT CONTENDS THAT:

He is the disabled child of the servicemember and his eligibility for SBP has not been documented.

Applicant's complete submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

The servicemember, prior to his 1 October 1974 retirement, elected spouse and child coverage based on full retired pay.

Under the provisions of SBP a child beneficiary remains eligible for SBP until the age of 18, or until 22 if the child is a full time student.  If the child is not self supporting due to a disability incurred before age 18 or, while a full time student before age 22, the child is an eligible beneficiary for life.  However, marriage at any age terminates eligibility and if the marriage ends in divorce or death, eligibility status cannot be restored.

The remaining 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. 

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AIR FORCE EVALUATION:

AFPC/DPPTR states the applicant has not provided any evidence to show he was full a time student when he was diagnosed with 
paranoid  schizophrenia.  DPPTR  further  states  that  during a 3 December 2002, telephone conversation the applicant stated that between the ages of 18 through 22 he was performing odd jobs.  Furthermore, the applicant does not offer any explanation for his delay in seeking correction of his late-father’s military records.  Based on the evidence provided they recommend the requested relief be denied.

A complete copy of the evaluation is attached at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 20 December 2002, for review and response.  As of this date, no response has been received by this office.

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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 the recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The applicant has provided no evidence to show that he was a full-time student at the time he was originally diagnosed with paranoid schizophrenia.  Further, we find no evidence that his late father submitted the requisite paperwork indicating he had a disabled child.  However, should the applicant provide documentation to show he was a full-time student during the contested time period, this Board would be willing to review the materials for possible reconsideration.  Otherwise, in view of the foregoing, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2002-02743 in Executive Session on 8 April 2003, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 22 Aug 02, w/atchs.
	Exhibit B.	Letter, HQ AFPC/DPPTR, dated 13 Dec 02.
	Exhibit C.	Letter, SAF/MRBR, dated 20 Dec 02.