RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04276

N	COUNSEL: NONE

	HEARING: NO

APPLICANT’S REQUEST.  Corrective action to reflect his son as disabled under his Survivor Benefit Pan (SBP) spouse and child coverage.

APPLICANT’S CONTENTION.  When he elected SBP coverage, he did not want his son to carry the label of being disabled.  He was not aware of the ramifications of his decision.  Substantial legal and medical evidence supports his contention that his son was disabled prior to the age of 18, and incapable of self-support.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant is a retired Air Force master sergeant.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION.  AFPC/DPFFF recommends granting the application, indicating there is no evidence of an Air Force error; however, to preclude an injustice, it would be appropriate to correct the applicant’s record to reflect his son was disabled and incapable of self-support before age 18.  The laws governing SBP allow life-time eligibility for a child, who is incapable of self-support, if the disability occurs prior to the child reaching age 18, or if the disability occurs between age 18 and 22 while a full-time student.  The child’s eligibility would be terminated upon marriage.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The Board sent a copy of the Air Force evaluation to the applicant on 15 Aug 17 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES:

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.  

2. The applicant exhausted all available avenues of non-judicial relief before applying to the Board.  

3. After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an injustice.  The Board concurs with AFPC/DPFFF and finds that the unique circumstances of this case, including but not limited to the danger of invidious stigma noted by the applicant, justify action.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.
	
THE BOARD RECOMMENDS:  The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected show that competent authority determined his son, M.D.S., was incapable of self-support prior to attaining the age of 18; that in Block 25.e of his 14 October 2008 DD Form 2656, Data for Payment of Retired Personnel, the applicant indicated his son, M.D.S., was disabled; and any subsequent distribution of benefits under the Survivor Benefit Plan shall be contingent on recovery of unpaid premiums based, on the record as corrected.

CERTIFICATION: The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered AFBCMR Docket Number BC-2016-04276 in Executive Session on 22 Mar 18.

	, Panel Chair
	, Member
	, Member

All members voted to correct the record as recommended.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 20 Oct 16, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DPFFF, dated 25 Jul 17, w/atch.
Exhibit D: Notification of Advisory, SAF/MRBR to applicant, dated 15 Aug 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.