RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-02123
            INDEX CODE: 137.03

            COUNSEL:  NONE

            HEARING DESIRED: Not Indicated


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to change his Survivor Benefit Plan election from “spouse  and
child” to “spouse” only coverage.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not made aware  of  how  SBP  would  adversely  affect  his  mentally
incapacitated son’s other benefits.  His  son  was  eventually  moved  to  a
state care facility due to his wife’s poor health.  The state care  facility
provides all the psychological, medical, and  physical  care  necessary  for
his son at no cost to his son or himself.  However, the state care  facility
imposes fund limitations on its clients.  For instance, his trust fund  must
not exceed $1,000.  Making his son his SBP  beneficiary  negates  his  state
care eligibility because he would be getting a regular monthly income  which
exceeds their limitations.  If his son receives any financial  support  from
SBP or any other income source, his stay at the state  care  facility  would
be cut off.  If he had been told when signing  up  for  the  SBP  about  the
adverse impact on his handicapped son’s other benefits, there  is  no  doubt
in his mind he would not have included his son  as  a  beneficiary  for  his
SBP.  He is not looking for any refund of premiums,  only  what  is  in  the
best interest of their son’s welfare and well-being.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Prior to his retirement,  effective  1  December  1977,  the  applicant  was
married, had eligible children and elected spouse  and  child  SBP  coverage
based on full retired pay.

The Defense Enrollment Eligibility Reporting System  (DEERS)  records  shows
that the applicant’s son (DOB: 21 June 1956) is permanently incapacitated.

Unmarried children are eligible beneficiaries until they reach  age  18,  or
22  if  attending  school  on  a  full-time  basis;  however,  incapacitated
children remain eligible as long as  they  are  unmarried  and  mentally  or
physically incapable of self-support because of  a  condition  that  existed
prior to age 18 (22  if  a  full-time  student).   The  member  must  supply
medical documentation to substantiate an incapacitated child’s  eligibility.
 The Defense  Finance  and  Accounting  Service  (DFAS)  annotates  member’s
record so that coverage  will  not  automatically  be  terminated  when  the
youngest child attains age 22.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Retiree Services Branch, Directorate of Pers Program  Management,
AFPC/DPPTR, reviewed this application and states that unless  the  applicant
provides proof that his incapacitated son is  now  self-supporting,  or  has
lost his eligibility due to marriage,  the  premiums  will  continue  to  be
deducted as required  by  law.   They  understand  the  incongruity  of  one
governmental benefit adversely affecting another.  In the  past,  they  have
advised members to instruct a handicapped child’s conservator not  to  apply
for the SBP.  This action may not ensure the SBP annuity is  disregarded  by
an  agency  in  determining  a   patient’s   income   limit   qualification.
Nonetheless, there is no option in the  laws  controlling  SBP,  or  in  the
disenrollment authorization by Public Law  105-85,  to  terminate  only  the
child’s portion and retain the spouse’s coverage.  There is no  evidence  of
Air Force error or injustice in this case;  therefore,  they  recommend  the
request be denied.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  26
April 1999, for review and response.  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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable injustice.  We agree with the Air Force that there  is
no error in this case.  However,  in  view  of  the  fact  that  applicant’s
incapacitated son’s medical care will be stopped if  his  son  receives  SBP
premiums, we believe that it would be unjust to deny the  relief  requested.
Furthermore, it appears that  the  applicant  may  not  have  been  provided
information concerning the adverse impact of receiving  SBP  premiums  would
have on his son’s other benefits.  In view of the foregoing  and  to  offset
any possibility of an injustice to the applicant, we recommend  his  records
be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that:

      a.    His  8  September  1977,  Survivor  Benefit  Plan  election  for
“spouse and child coverage” be declared void and removed from his record.

      b.    On 30 November 1977, he elected spouse coverage only  under  the
Survivor Benefit Plan based on full retired pay.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 15 July 1999, under the provisions of AFI 36-2603:

              Mrs. Barbara A. Westgate, Panel Chair
              Mr. Mike Novel, Member
          Ms. Ann L. Heidig, Member
              Ms. Gloria J. Williams, Examiner (without vote)

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 27 Jul 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPTR, dated 9 Apr 99.
   Exhibit D.  Letter, AFBCMR, dated 26 Apr 99.





                                   BARBARA A. WESTGATE
                                   Panel Chair


AFBCMR 98-02123




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to   , be corrected to show that:

            a.   His 8 September 1977, Survivor Benefit Plan election for
“spouse and child coverage” be, and hereby is, declared void and removed
from his record.

            b.   On 30 November 1977, he elected spouse coverage only under
the Survivor Benefit Plan based on full retired pay.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency