RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02613 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her deceased father’s record be changed to show he elected spouse 
and child coverage under the Survivor Benefit Plan (SBP). 

 

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APPLICANT CONTENDS THAT: 

 

The applicant claims she was to receive an Air Force check; 
however, she has yet to receive it. 

 

In support of her request, the applicant submits copies of death 
certificates of the decedent and his spouse. 

 

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

 

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STATEMENT OF FACTS: 

 

At the time of the decedent’s retirement on 1 Oct 64, the 
applicant was the dependent child. The decedent did not elect 
coverage under the Retired Serviceman’s Family Protection Plan 
(RSFPP), the survivor annuity program that was in effect prior to 
the enactment of the SBP. The decedent elected spouse only 
coverage based on full retired pay during the SBP’s initial 
enrollment period (21 September 1972 to 20 March 1974). The 
decedent failed to name the applicant as a contingent child 
beneficiary, although she was under age 22 and potentially 
eligible at that time. The decedent died on 4 October 1983. His 
spouse received SBP payments until her 23 May 2009 death. 

 

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AIR FORCE EVALUATION: 

 

AFPC/DPSIAR recommends denial. DPSIAR states the applicant 
offers no evidence that she has a disability that occurred before 
age 18, or before age 22 while she was a full-time student. When 
the decedent made his election with the SBP, it is unfortunate 


the decedent excluded the applicant from the protection of SBP 
since he was entitled to provide life-long coverage on her 
behalf. 

 

The DPSIAR complete evaluation is at Exhibit B. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant states she was suppose to receive an Air Force 
check once a month. Her mother died on 29 May 2009. 

 

The applicant’s complete response, with attachments, is at 
Exhibit D. 

 

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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 not 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 an error or an 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 the 
applicant has failed to sustain her burden of proof of the 
existence of an error or injustice. The Board would like to 
point out that the letter provided by the applicant in her 
rebuttal may have been valid when it was initially authorized; 
however, it could not have been signed on 6 September 2011 since 
the customer service representative who signed the letter retired 
31 January 2000 and the medical doctor could not be located in 
the Military Personnel Data System (MilPDS). Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application. 

 

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THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of an error or injustice; the 
application was denied without a personal appearance; and 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-2011-02613 in Executive Session on 14 February 2012, 
under the provisions of AFI 36-2603: 

 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-02613 was considered: 

 

 Exhibit A. DD Form 149, dated 5 July 2011, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 1 September 2011. 

 Exhibit C. Letter, SAF/MRBR, dated 16 September 2011. 

 Exhibit D. Letter, Applicant, not dated, w/atchs.