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

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APPLICANT REQUESTS THAT:

Her deceased spouse’s record be corrected to show that he made a 
timely election for spouse and child coverage under the Survivor 
Benefit Plan (SBP).

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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 son’s 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 member’s death certificate, marriage 
certificate, her birth certificate and a prior marriage divorce 
decree.

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

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STATEMENT OF FACTS:

Data extracted from the Air Force office of primary 
responsibility reflect the decedent retired on 1 October 1996.

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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 decedent’s records to reflect 
his son is permanently incapable of self-support.

The complete DPFFF evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant forwarded her son’s 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 applicant’s complete response, with attachments, is at 
Exhibit E.

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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; 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 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.

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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-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.  Decedent’s Master Personnel Records. 
    Exhibit C.  Letter, AFPC/DPFFF, dated 4 Nov 13.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Jan 14.
    Exhibit E.  Letter, Applicant’s Response, dated 31 Dec 13, 
                w/atchs.

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