RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00460
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to terminate his Survivor Benefit Program (SBP) coverage for
his handicapped son.
________________________________________________________________
APPLICANT CONTENDS THAT:
His wife passed away on 6 December 2003. He included his son in the SBP
plan only because the cost was so low. He did not know that when his wife
died the cost of coverage for his son would escalate to $81.68. His son,
who currently resides in a Group Home, suffers from severe mental
retardation as a result of Spinal Meningitis contracted as an infant. If
he cannot withdraw from the SBP program, he will be paying $81.68 cents or
more until he dies, and his son will never enjoy the benefits of the money.
In support of his application, he submitted a personal statement. The
applicant’s complete submission, with attachment, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The member did not elect Retired Serviceman’s Family Protection Plan
(RSFPP) coverage prior to his 1 May 1972 retirement. He declined SBP
coverage during the Plan’s initial enrollment period (21 September 1972 -
20 March 1974), but elected spouse and child SBP coverage based on full
retired pay during the open enrollment period (1 October 1981 - 30
September 1982) authorized by Public Law 97-35. His wife died on 22
December 2003, the cost for her coverage was suspended and the SBP premium
was adjusted to reflect his handicapped son (date of birth 14 November
1951) as the primary beneficiary. Prior to his wife’s death, the total
monthly SBP cost was approximately $143 ($142 for spouse costs, $1 for the
child’s portion). Following the adjustment to the costs, the child’s
premium became approximately $81.00.
________________________________________________________________
AIR FORCE EVALUATION:
The Retiree Services Branch, AFPC/DPPTR, reviewed this application and
recommended denial stating there is no evidence of Air Force error or
injustice. Monthly premiums for spouse and child coverage are weighted
upon the fact that the child is a contingent beneficiary who would receive
SBP payments only in the event the spouse becomes ineligible for payments.
When the primary beneficiary becomes ineligible, the costs must be
recalculated. Premiums for a handicapped child over the age of 22 are
based upon the factors for a child age 17 and the member’s actual age. The
applicant’s concern that his son will not enjoy any SBP payments resulting
from his participation for over twenty-two years has merit, but there is no
provision in the laws controlling the SBP to permit termination for that
reason.
DPPTR states that if the Board’s decision is to grant relief, the member’s
record should be corrected to reflect he declined spouse and child coverage
effective 29 September 1982, and correction should be contingent upon the
member’s waiving refund of any SBP premiums deducted before and after the
death of his wife.
The complete evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and, in an additional
statement, reiterates his initial contentions regarding his request to
terminate SBP coverage for his son. In support of his comments, he
includes a diagnosis and evaluation report from the Austin-Travis County
Mental Health Mental Retardation Center (Exhibit E).
________________________________________________________________
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 injustice. It is possible the applicant was not fully
counseled that the cost for the child portion of the SBP coverage would be
recalculated should his wife predecease him. Additionally, under the
circumstances presented in this case, the applicant’s son will not benefit
from the SBP coverage as it was intended. Therefore, we believe that
relief is appropriate in this case. We disagree with the Air Force
recommendation for relief should we not accept their assessment of the case
since the spouse had the benefit of the coverage for approximately 20
years. Based on our findings of injustice, we believe changing the
applicant’s election from spouse and child coverage to spouse coverage
would be the best form of relief in this case. To do so would allow this
benefit to be available to any new spouse should the applicant remarry. In
view of the foregoing, and as a matter of fairness, we believe that the
applicant’s record should be corrected as 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 on 29 September 1982, he elected
spouse coverage, rather than spouse and child coverage, under the Survivor
Benefit Plan (SBP) based on full retired pay.
________________________________________________________________
The following members of the Board considered this application in Executive
Session on 14 April 2004, under the provisions of AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Ms. Kathy L. Boockholdt, Panel Member
Mr. Michael J. Novel, Panel Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2004-00460.
Exhibit A. DD Form 149, dated 8 Feb 04, with attachments.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPTR, dated 26 Feb 04.
Exhibit D. Letter, SAF/MRBR, dated 5 Mar 04.
ROSCOE HINTON, JR.
Panel Chair
AFBCMR BC-2004-00460
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 APPLICANT be corrected to show that on 29 September 1982, he
elected spouse coverage, rather than spouse and child coverage, under the
Survivor Benefit Plan (SBP) based on full retired pay.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
Making his son his SBP beneficiary negates his state care eligibility because he would be getting a regular monthly income which exceeds their limitations. 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. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of...
AF | BCMR | CY2005 | BC-2005-01176
However, there is no evidence the applicant elected coverage for his spouse during these time periods. _________________________________________________________________ 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...
CG | BCMR | Other Cases | 2009-079
The applicant stated that his son receives monthly Social Security Supplemental Income (SSI) benefits as well as Medicaid assistance to pay for group home care, day support, transportation, case management, medication, and psychiatric service, all of which amounts to a yearly benefit of approximately $105,333.21. CGPPC stated that the applicant did not elect out of SBP and instead elected child and spouse coverage, and that there is no evidence in the record that either the applicant or his...
AF | BCMR | CY1999 | BC-1998-00680
_________________________________________________________________ AIR FORCE EVALUATION: The Chief, Retiree Services Branch, AFPC/DPPTR, reviewed this application and states that a member who is married at retirement and fails to provide coverage for an eligible spouse may not provide coverage in the future, unless Congress authorizes an open enrollment period. The one-year enrollment period to add family members acquired after retirement is applicable only when no previous category of the...
_________________________________________________________________ AIR FORCE EVALUATION: The Chief, Retiree Services Branch, AFPC/DPPTR, reviewed this application and states that a member who is married at retirement and fails to provide coverage for an eligible spouse may not provide coverage in the future, unless Congress authorizes an open enrollment period. The one-year enrollment period to add family members acquired after retirement is applicable only when no previous category of the...
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). A member who is unmarried at retirement may elect coverage for a newly acquired spouse; however, the election must be made before the first anniversary of the marriage. However, if the Board’s decision is to grant relief, the member‘s record should be corrected to reflect on 24 Mar 89 he elected to add his spouse to his child only...
In fact, the item was the spouse notification letter sent by the SBP counselor to inform his wife of the options and effects of the SBP and to advise her that her concurrence was required in any election other than full spouse coverage. Basis for Request: The applicant claims he received an incorrect SBP briefing and the child SBP premiums are four times more than he was briefed. v 8 b. Unmarried children normally remain eligible beneficiaries until they reach age 18, or age 22 if...
AF | BCMR | CY2003 | BC-2003-00032
Because she married the service member after his retirement from the Air Force, she was unaware of the rules and regulations regarding these issues. However, we find no evidence that the service member intended to provide SBP coverage for his spouse or child. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of an error or an injustice; that the application was...
AF | BCMR | CY2003 | BC-2003-01220
The applicant married on 1 September 2000, but he did not elect SBP coverage for his spouse within the first year following his marriage. There is no record that he submitted a request within the first year of marriage. If the Board’s decision is to grant relief, the applicant’s record should be corrected to show that on 31 August 2001 he elected to add his spouse to his child only coverage based on full-retired pay.
AF | BCMR | CY2004 | BC-2004-02399
___________________________________________________________________ APPLICANT CONTENDS THAT: At the time of his retirement from the Air Force he elected child coverage under the SBP. If his daughter’s disability was diagnosed while she was otherwise eligible, the member could have elected coverage on her behalf during the initial open enrollment; however, there is no evidence such an election was submitted. We believe the applicant would have elected to provide coverage for his daughter...