RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-00547 COUNSEL:	NO
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
Her records be corrected to show that her spouse and child Survivor Benefit Plan (SBP) election properly reflects her daughter was incapable of self-support prior to the age of 18.

APPLICANT CONTENDS THAT:
She was not informed by an SBP counselor that she needed to document on her DD Form 2656, Data for Payment of Retired Personnel, to reflect her daughter’s disability status.

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

STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 27 Jul 77.

According to DD Form 2656, dated 13 Jun 95, the applicant was married and elected spouse and child SBP coverage based on full retired pay prior to her 1 Jul 95 retirement.

According to a physician’s memo dated 24 Dec 13, provided by the applicant, her daughter is disabled due to a chronic mental illness and incapable of self-support.

On 1 Jul 95, the applicant was relieved from active duty and retired effective 1 Jul 95 in the grade of technical sergeant and assigned to the retired reserve until 31 Mar 07. She was credited with 17 years, 11 months, and 4 days of total active service.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force Office of Primary Responsibility (OPR), which is attached at Exhibit C.

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

AIR FORCE EVALUATION:
AFPC/DPFFF recommends granting, indicating there is no evidence of an Air Force error; however, approval should be contingent upon recovery of appropriate SBP costs.

The applicant’s election of SBP benefits failed to reflect her daughter (date of birth 16 Jun 88) was incapable of self-support. Since the coverage did not reflect a disabled child, the Defense Finance Accounting and Service (DFAS) – Cleveland Center (DFAS- CL) automatically suspended SBP coverage and premiums when the applicant’s youngest child (son) lost eligibility in Jul 13 due to age.

The laws controlling SBP extend 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.

AFPC/DPFFF states that it is reasonable to conclude the applicant would have properly indicated her daughter was disabled if she understood the impact of her life-long eligibility to receive SBP annuity payments. Therefore, it would be appropriate to correct the applicant’s records to reflect her daughter is disabled and permanently incapable of self-support.

A complete copy of the AFPC/DPFFF evaluation, with attachment, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluations was forwarded to the applicant on 14 Oct 16, for review and comment within 30 days (Exhibit D). 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.
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 opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. Therefore, we recommend the applicant’s records be corrected as indicated below.
1.	

THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that the DD Form 2656, Data for Payment of Retired Personnel, dated 13 June 1995, be amended in Section VI, Dependency Information, Item 27e, Disabled, to reflect “yes,” rather than “no,” for her daughter born on 16 June 1988.

The following members of the Board considered AFBCMR Docket Number BC-2016-00547 in Executive Session on 21 Jun 17, under the provisions of AFI 36-2603:

Member

Panel Chair Member
All members voted to correct the records   as recommended.	The following documentary evidence was considered:
Exhibit A.	DD Form 149, dated 3 Feb 16, w/atchs.
Exhibit B.	Pertinent Excerpts from Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPFFF, dated 1 Jul 16, w/atch. Exhibit D.	Letter, SAF/MRBR, dated 14 Oct 16.
Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.