RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00685
		INDEX CODE:  137.04

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

Corrective action be taken to show her deceased former spouse elected to change his Survivor Benefit Program (SBP) election from spouse only to spouse and child to include their son who was born after he retired.

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APPLICANT CONTENDS THAT:

Her son was never added to SBP.  On 16 October 2000, she and her then husband traveled to Fort Benjamin Harrison to renew ID cards.  While there, her then husband asked about how he could be sure his son would be covered on all his military benefits.  The technician informed them that their son was automatically covered and they needed to take no action.  She contends her deceased former spouse was a responsible man and would have taken care of this situation had he known there would be a problem.

In support of her appeal, the applicant has provided her marriage license, her deceased former spouse’s death certificate, copies of an email trail between the Army Review Board and the Air Force Review Board, a copy of their son’s birth certificate, and a copy of the DD Form 2656, Data of Payment for Retired Personnel.

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

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STATEMENT OF FACTS:

On 15 July 1994, the deceased member had no eligible children and he elected spouse only coverage based on full, retired pay prior to being placed on the Temporary Disability Retired List.  He was permanently retired for disability effective 18 February 1996.  On 8 April 2000, his son was born; however, there is no evidence the decedent notified the finance center of his son’s birth or his desire to add him to the Plan.  He died on 10 March 2002 and the applicant began receiving monthly SBP annuity payments.  She remarried on 3 May 2003, prior to age 55, and lost her eligibility to receive the annuity.

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AIR FORCE EVALUATION:

AFPC/DPPTR recommends denial.  While DPPTR can neither confirm nor deny the applicant’s claim of receiving misinformation, members are routinely reminded to immediately contact the Defense Finance and Accounting Service – Cleveland to report any beneficiaries acquired after retirement.  Furthermore, information pertaining to the one-year time restraint for adding a newly acquired spouse or child was published in the May 2000 issue of the Afterburner, USAF News For Retired Personnel, as well as points of contact for members to use to gain additional guidance.  Finally, the applicant provided no explanation for waiting until she lost eligibility to receive the SBP annuity due to remarriage to seek correction.

DPPTR’s complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9 April 2004 for review and comment within 30 days.  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 timely filed.

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.  The deceased member’s child was born in 2000 but there is no evidence to show the decedent ever took action to provide coverage for him under the SBP.  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.

The following members of the Board considered AFBCMR Docket Number BC-2004-00685 in Executive Session on 20 July 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Oct 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPTR, dated 2 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Apr 04.