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AF | BCMR | CY2011 | BC-2011-04775
Original file (BC-2011-04775.txt) Auto-classification: Denied
 RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04775 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

The Survivor Benefit Plan (SBP) coverage for his adult, 
handicapped, son be terminated. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His son is scheduled to receive a SBP benefit of $920.00 a month 
upon his demise. At present his son lives independently and 
receives support benefits through the Social Security Disability 
Insurance (SSDI) program. The benefits consist of $696.00 a 
month, medical care, and durable goods such as wheelchair and 
subsidized housing. The SSDI cap on income for his son is 
$761.00 per month. Receipt of the SBP benefit will 
substantially increase his income and nullify the SSDI income 
and, more importantly, related benefits. 

 

He elected the SBP coverage long before his son participated in 
the Social Security benefits program. He would not have elected 
SBP coverage for his son had he known about the unintended 
consequences inherent in the program. 

 

In support of his request, the applicant provides a copy of his 
personal statement continued from items 5 and 6 of his DD Form 
149, Application for Correction of Military Record under the 
Provision of Title 10, U.S. Code, Section 1552. 

 

The applicant’s complete submission, with attachment, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 


Information submitted by the applicant reflects he retired from 
the Regular Air Force effective 30 November 1978. 

 

______________________________________________________________ 

 

 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIAR recommends denial. DPSIAR states: They were unable 
to determine if the applicant was married at the time of his 
retirement. However, he had an eligible child and elected child 
only SBP coverage based on full retired pay prior to his 
1 December 1978 retirement. Finance records reflect his 
youngest child (date of birth: 29 November 1962) is incapable of 
self-support. Subsequent to his retirement, the applicant 
claims he learned that receipt of income in excess of the SSDI 
cap would jeopardize his son’s eligibility for continued Social 
Security benefits. 

 

On 28 December 2011, DPSIAR requested the applicant provide 
documentation that his son would be ineligible for state aid if 
he were to receive SBP annuity payments. To date, the applicant 
has not responded to this request. 

 

The integration and possible negative impact caused by SBP 
annuity payments for children who are entitled to other Federal 
and State disability benefits, have been discussed by the Office 
of the Assistant Secretary of Defense’s (OASD’s) Joint SBP 
board. The Services’ representatives and OASD support 
legislative changes that would eliminate the integration, or 
exempt SBP payments from any means test. However, there has not 
yet been any change that would provide such relief. 

 

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 the 
applicant on 10 February 2012 for review and comment within 
30 days (Exhibit C). To date, this office has not received a 
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 warranting 
corrective action. 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 has not been the victim of an 
error or injustice. We note the applicant was asked to provide 
additional information regarding the potential impact of SBP 
benefits on other benefits the applicant’s dependent son is 
entitled to. However, the applicant failed to provide the 
requested information. The Board is willing to reconsider the 
applicant’s request should he provide the information requested 
by AFPC/DPSIAR. Therefore, based on the above, 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 this application 
BC-2011-04775 in Executive Session on 18 September 2012, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

, Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149 dated 2 December 2011, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 20 January 2012. 

 Exhibit C. Letter, SAF/MRBR, dated 10 February 2012. 

 

 

 

 

 

 Panel Chair 

 



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