RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04931 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His deceased father’s records be corrected to reflect that he changed his spouse only coverage under the Survivor Benefit Plan (SBP) to child only. _________________________________________________________________ APPLICANT CONTENDS THAT: In Sep 07, his mother suffered a massive heart stroke and it was his deceased father’s intent to change the beneficiary from his spouse to his disabled child. His mother is in a full-time care facility. The Monroe County Welfare Department has taken all her assets, his disabled sister has power-of-attorney to represent their mother in all matters, and takes care of everything that is not covered by her existing medical insurance. His deceased father sought advice and was assured that his daughter would be the recipient of his SBP benefits because of her disability. The Pennsylvania Welfare Department informed his sister that any assets owned or received by their mother should be transferred to her. In support of his appeal, the applicant provides copies of his deceased father’s death certificate, Autopsy Report, a power of attorney and various other documents associated with his request. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 1 Jul 66, at the time of his retirement, the applicant’s deceased father and mother were married and had one dependent child. 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: HQ ARPC/DPFFF recommends denial. DPFFF states that the applicant’s deceased father did not elect coverage under the Retired Serviceman’s Family Protection Plan (RSFPP), the survivor annuity program in effect at the time of his retirement nor did he elect SBP coverage during the initial open enrollment period authorized by Public Law (PL) 92-425 (21 Sep 72). However, his deceased father elected spouse only coverage based on full retired pay during the open enrollment authorized by PL- 101-189 (1 Apr 92-31 Mar 93). DPFFF states that the applicant’s sister was over the age of 22 and his deceased father did not name her as a contingent disabled child beneficiary. In addition, absent a valid election for spouse and child coverage, the applicant’s sister is not a contingent child beneficiary nor can the applicant claim SBP annuity payments on his sister’s behalf. SBP annuity cannot be transferred from a primary annuitant to another person, unless the annuitant dies and there is an eligible contingent child beneficiary. DPFFF states that the applicant provides no evidence that his sister has a disability that occurred before age 18 or before age 22 while she was a full-time student. The complete DPFFF evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 8 Mar 13, for review and comment within 30 days (Exhibit C). As of this date, this office has received no response. _________________________________________________________________ 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 agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant’s deceased father has not been the victim of an error or injustice. In view of the above and 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 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 ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-04931 in Executive Session on 29 Aug 13, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 16 Nov 12, w/atchs. Exhibit B. Letter, AFPC/DPFFF, dated 26 Feb 13 Exhibit C. Letter, SAF/MRBR, dated 8 Mar 13.