RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04470 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His record be changed to show he elected child only coverage under the Survivor Benefit Plan (SBP). ________________________________________________________________ _ APPLICANT CONTENDS THAT: When completing his SBP documents prior to retirement, he was allowed to make pen and ink corrections to the election form. Subsequently, DFAS or whomever the approving authority is determined that his elections were unclear on the form - ultimately making the determination that he declined SBP. His desire is to elect coverage for his special needs dependent. His child will never be able to live independently or care for herself and in the event of his demise, will need income to ensure adequate care is provided. The applicant's complete submission, with attachment, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The 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 at Exhibit B. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPFFF recommends approval. DPFFF states to preclude an injustice the applicant’s record should be corrected to show he elected child only SBP coverage based on full retired pay effective 1 March 2011. His record should further be corrected to reflect his daughter (date of birth: 23 August 1995) is permanently incapable of self-support. The applicant was married with eligible children when he retired effective 1 March 2011. He was briefed on the options and effects of the SBP by the Schriever AFB CO, SBP counselor, completed an election, and his wife concurred in his election. However, due to an administrative oversight, the applicant erroneously marked both items 26c (child only) and 26g (declined), used to indicate beneficiary categories, invalidating the election. Absent a valid election, DFAS-CL should have established full spouse and child coverage to comply with the law. Instead, the applicant’s record was erroneously updated to reflect he declined SBP coverage. The applicant’s wife provided a new concurrence statement, in which she acknowledged the permanent termination of her entitlement to future SBP protection and payments if relief is granted. Since there is a possibility of an administrative error, it would be appropriate to grant relief. Unfortunately, our authority to correct administrative errors under Title 10 USC Section 1454 has expired. The DPFFF complete evaluation, with attachments, is at Exhibit B. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 9 November 2012, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit C). As of this date, no response has been received by this office. ________________________________________________________________ _ 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case and agree with the recommendation of AFPC/DPFFF. We note that the applicant’s spouse provided a concurrence statement, acknowledging permanent termination of her entitlement to future SBP. As such, we believe the evidence is sufficient to find it in the interest of justice to correct the record. Therefore, we recommend that the records be corrected as indicated below. ________________________________________________________________ _ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that his DAUGHTER, is permanently incapable of self-support and, on 1 March 2011, he elected child only Survivor Benefit Plan coverage based on full retired pay. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2012-04470 in Executive Session on 17 June 2013, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary was considered: Exhibit A. DD Form 149, dated 24 September 2012, w/atch. Exhibit B. Letter, AFPC/DPFFF, dated 31 October 2012, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 9 November 2012.