RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02858 

 

 COUNSEL: NONE 

 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

The applicant is seeking action to correct the deceased service 
member’s Survivor Benefit Plan (SBP) coverage to properly 
reflect their son was incapable self-support prior to age 18. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The service member elected child only coverage under the SBP but 
failed to annotate his son was disabled. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The former service member retired on 1 Nov 95. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is attached at Exhibit B. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIAR notes there is no evidence of an Air Force error, 
but recommends granting the applicant’s request to preclude a 
possible injustice. Prior to his 1 Nov 95 retirement the 
service member elected child only coverage under SBP. There was 
no indication on the service member’s election form that either 
of his sons was disabled. As of Aug 03, the service member had 
no eligible child for SBP. The service member died on 2 Aug 09. 
DPSIAR further notes it’s reasonable to presume the service 
member would have indicated his son was disabled, if he 
understood the impact on his son’s life-long eligibility to 
receive SBP annuity payments. 

 


The laws governing SBP allows 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 will be terminated upon marriage. 

 

The complete AFPC/DPSIAR evaluation is at Exhibit B. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to applicant on 
3 Aug 12 for review and comment 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 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 error or injustice. We took notice 
of the applicant’s complete submission in judging the merits of 
the case; however, we do not find the evidence presented 
sufficient to conclude that corrective action is warranted. In 
this respect we note that, under the laws governing SBP, a child 
can obtain lifetime eligibility for SBP if they are incapable of 
self-support because of a mental or physical disability that 
occurred prior to the child reaching age 18, or if the 
disability occurs between age 18 and 22 while a full-time 
student. While, the applicant has provided documentation 
indicating her son was diagnosed with a disability, said 
documentation is not sufficient to conclude that her son’s 
disability rendered him incapable of self-support as defined in 
the governing statute. However, should the applicant provide 
documentation substantiating her son was rendered incapable of 
self-support prior to age 18 or that his disability occurred 
between the age 18 and 22 while a full-time student, we would be 
willing to reconsider the case based on new evidence. 
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the relief sought in this 
application. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 


The applicant be notified the evidence presented did not 
demonstrate the existence of material 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. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-02858 in Executive Session on 13 Mar 13 and 
25 Apr 13, under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 30 May 12, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 25 Jul 12. 

 Exhibit C. Letter, SAF/MRBR, dated 3 Aug 12.