RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03853
		INDEX CODE: 137.00, 137.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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This application for correction of the records of   was submitted by   (Widow).

APPLICANT REQUESTS:

Corrective action showing that the former member terminated spouse and child coverage under the Survivor Benefit Plan (SBP).
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APPLICANT CONTENDS THAT:

Her husband was 100 percent disabled.  In the process of filing claims, an SBP debt was discovered.

In support of her request, the applicant submits copies of her husband’s death certificate, a marriage record, the former member’s DD Form 214 and documents pertaining to the former member’s disability retirement.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Information extracted from applicant’s submission reveals that the former member was released from active duty on 5 April 1983 and, effective 6 April 1983, his name was placed on the Temporary Disability Retired List (TDRL) in the retired pay grade of technical sergeant (E-6), with a compensable disability rating of 100 percent for physical disability.  He was credited with 18 years and 10 days of service for basic pay and active service for retirement.  On 12 March 1986, former member’s TDRL re-examination, the Informal Physical Evaluation Board (IPEB) recommended permanent retirement, with a 100 percent compensable disability rating.  The former member passed away on 19 July 2003.
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AIR FORCE EVALUATION:

HQ AFPC/DPPTR recommends the application be denied.  DPPTR states that Public Law (PL) 96-402 permits members who have been rated 100 percent disabled by the DVA for five continuous years immediately following retirement or ten consecutive years if rated 100 percent after retirement to withdraw from SBP.  The former member elected spouse and child SBP coverage, based on full retired pay, prior to being placed on the Temporary Disability Retired List (TDRL), effective 6 April 1983.  An SBP debt of approximately $39,300 accrued prior to the former member’s death.  DPPTR indicates there is no evidence the decedent submitted a valid request to terminate his SBP coverage.  Furthermore, the applicant’s request, if approved, would not alleviate the debt accrued to date.  However, if the DVA awards the applicant Dependency Indemnity Compensation (DIC), the SBP premium debt would be suspended.  The HQ AFPC/DPPTR evaluation is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 14 May 2004 for review and response.  As of this date, no response has been received by this office (Exhibit C).
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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 recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, 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 this application in Executive Session on 20 July 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2003-03853.

   Exhibit A.  DD Form 149, dated 29 Oct 03, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPTR, dated 5 May 04.
   Exhibit C.  Letter, SAF/MRBR, dated 14 May 04.