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 applicants 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 sons 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 Defenses (OASDs) 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 applicants dependent son is
entitled to. However, the applicant failed to provide the
requested information. The Board is willing to reconsider the
applicants 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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