RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-00759
            INDEX CODE:  137.03

            COUNSEL:  NONE
            HEARING DESIRED:  NO
_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that he did  not  enroll  in  the  Survivor
Benefit Plan (SBP).

_________________________________________________________________

RESUME OF CASE:

In an  application  to  the  Board  dated  9  Mar  06,  applicant  requested
corrective action that would allow him to terminate  the  SBP  coverage  for
his handicapped daughter claiming he was not aware of  the  negative  impact
SBP payments would have on his daughter  if  she  was  to  receive  Medicaid
assistance.

On 12 Apr 06, AFPC/DPPRT reviewed the case and recommended  approval.   They
stated there is no evidence of an Air Force error in this case; however,  in
the interest of justice, the member’s records should be  corrected  to  show
he terminated SBP coverage under the provisions of Public  Law  (PL)  105-85
effective 17 May 98.

On 2 May 06, the Board agreed with the recommendation of the Air  Force  and
recommended the applicant’s records be corrected to show  effective  17  May
98, he elected to terminate his Survivor Benefit Plan  child  only  coverage
under the provisions of Public Law  105-85.   The  facts  and  circumstances
surrounding the application, and the rationale of the  earlier  decision  by
the Board, can be found at Exhibit A.

On 7 Sep 06, applicant  received  notification  from  DFAS  that  corrective
action was made to his record to reflect that he elected  to  terminate  his
participation in the Survivor Benefit Plan effective 17 May 98, and that  he
was due a refund in the amount  of  $1,152.57,  less  any  applicable  taxes
(Exhibit B).

On 27 Sep 06, applicant sent a letter to the AFBCMR asking how DFAS  arrived
at their calculations.  He was particularly addressing the  fact  that  DFAS
only refunded money back for six years and that he  paid  into  the  program
for over 30 years because he was  ill-advised  by  the  Air  Force  Personal
Affairs Office (Exhibit C).  On 12 Jan 07, applicant’s letter was  forwarded
to DFAS for their action and response to the applicant’s questions.   DFAS’s
response to the applicant can be found at Exhibit D.

On 13 Mar 07, applicant requested reconsideration by the Board.   He  states
his previous letter to the Board may have been  misleading  because  he  was
not just complaining about the tax, but also the small amount  of  money  he
was reimbursed.  He paid money into the Program because he  was  ill-advised
by an Air Force employee.  He was told by this advisor that the SBP  Program
was especially good for his handicapped daughter, while it  turns  out  this
Program is especially bad for her.  It disqualifies her for  other  programs
such as SSI, Medicaid, etc. (Exhibit E).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRT was asked to  provide  an  additional  evaluation  based  on  the
applicant’s new appeal.  DPPRT recommends denial and stated,  in  part,  SBP
child  coverage  is  basically  irrevocable  and   cannot   be   arbitrarily
terminated as  long  as  there  is  an  eligible  beneficiary.   While  they
acknowledge the incongruity of one governmental benefit adversely  affecting
others, there is  currently  no  option  in  the  laws  controlling  SBP  to
terminate  coverage  for   an   incapacitated   child   except   under   the
disenrollment period authorization by Public Law 105-85.  The Department  of
Defense’s Joint SBP Board has discussed this issue;  however,  a  resolution
has not yet been achieved.  Since there has been no changes made to the  SBP
law, their  original  recommendation  to  correct  the  member’s  record  is
unchanged.

The additional DPPRT evaluation is at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION:

Applicant reviewed the additional Air Force evaluation and states he has  no
more documentation to send, and that mistakes have been made concerning  his
daughter.  In this case a mistake was made by an employee  at  the  Personal
Affairs Office, at Randolph AFB, in advising him to enroll in  the  SBP  for
his daughter.  Unfortunately, the advice was not documented.

Applicant's complete response is at Exhibit H.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

Sufficient  relevant  evidence  has  been  presented  to   demonstrate   the
existence  of  an  error  or  injustice.   After  careful  review   of   the
applicant’s recent submission and the evidence of record, a majority of  the
Board is of the opinion relief is warranted.  The Board notes the  applicant
appealed to the AFBCMR in March  2006  requesting  that  he  be  allowed  to
terminate SBP coverage for his handicapped child.  The  Board  approved  his
request to terminate his child SBP coverage effective 17 May 1998, the  date
PL 105-85 authorized a one-year window to disenroll from the SBP.   We  note
the Air Force OPR indicated this situation has been a long standing  problem
with  the  incongruity  of  one  governmental  benefit  adversely  affecting
others, and that the Department of Defense’s Joint SBP Board  has  discussed
this issue, and that a resolution has not  been  achieved.   Therefore,  the
majority of the  Board  believes  it  is  possible  the  applicant  was  not
properly counseled that enrollment  in  the  SBP  could  possibly  adversely
affect other benefits  his  handicapped  daughter  would  be  eligible  for.
Therefore, the majority of the Board believes any doubt should  be  resolved
in favor of the applicant and  that  his  records  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 he declined  Survivor  Benefit  Plan
(SBP) coverage during the open enrollment period (21 Sep 72  –  20  Mar  74,
authorized by Public Law 92-425.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2007-00759
in Executive Session on 26 September 2007, under the provisions of  AFI  36-
2603:

      Ms. Kathleen F. Graham, Panel Chair
      Ms. Janet I. Hassan, Member
      Ms. Renee M. Collier, Member

By a majority vote, the Board voted to correct the records, as  recommended.
 Ms. Hassan voted to deny the application,  but  elected  not  to  submit  a
minority report.  The following documentary evidence  pertaining  to  Docket
Number BC-2006-00759 was considered:

     Exhibit A.  AFBCMR Directive, dated 3 May 06, w/atchs.
     Exhibit B.  Letter, DFAS, dated 7 Sep 06, w/atch.
     Exhibit C.  Letter, Applicant, dated 27 Sep 06.
     Exhibit D.  Letter, DFAS, undated, w/atchs.
     Exhibit E.  Letter, Applicant, dated 13 Mar 07.
     Exhibit F.  Letter, AFPC/DPPRT, dated 24 Apr 07.
     Exhibit G.  Letter, AFBCMR, dated 2 May 07.
     Exhibit H.  Letter, Applicant, dated 21 May 07.




                                   KATHLEEN F. GRAHAM
                                   Chair



AFBCMR BC-2007-00759




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 he declined Survivor
Benefit Plan (SBP) coverage during the open enrollment period (21 Sep 72 –
20 Mar 74) authorized by Public Law 92-425.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency