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AF | BCMR | CY2012 | BC-2012-04817
Original file (BC-2012-04817.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-04817

			COUNSEL:  NONE

			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His daughter be removed as a beneficiary of his Survivor Benefit 
Plan (SBP).

________________________________________________________________

APPLICANT CONTENDS THAT:

His daughter requires constant supervision for her disability 
and now receives financial support from federal and state funds.  
He has learned that should she receive funds from his SBP, she 
would no longer qualify for these resources, leaving her without 
the care she needs.  He was not informed of the negative benefit 
designating her as a beneficiary would have on the entitlements 
his disabled daughter would be otherwise qualified.

The applicant's complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Data extracted from the Air Force advisory shows the applicant 
retired on 31 July 1975.  

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
primary responsibility, which is attached at Exhibit B.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPFFF recommends approval.  The applicant who was married 
and had a dependent child, elected spouse and child coverage 
based on a reduced level of retired pay prior to his retirement.  

Title 10 USC Section 1447 (11) states that an eligible child is 
a person who is incapable of self-support because of a mental or 
physical incapacity that existed before their 18th birthday.  If 
a member elects child coverage in conjunction with an election 
for the spouse, or elects child only coverage, the SBP annuity 
may be paid to the disabled child’s conservator or trustee, but 
cannot be paid to a special needs trust.  In addition, various 
income tests used by the Social Security Administration and 
other federal and state agencies to determine eligibility 
benefits for disabled children do not exempt SBP payments.

The applicant contends he was not fully briefed that SBP for a 
disabled child would be subject to integration with other 
benefits has some merit.  This complex situation is not common 
and there is no evidence the matter was routinely reflected on 
material used by SBP counselors or provided to retiring members 
until after 2000.  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 Joint board.  
The Services’ representative supports legislative changes that 
would eliminate the integration, or exempt SBP payments from any 
means test.  However, there has not yet been a change that would 
provide such relief.

The complete DPFFF 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 14 December 2012, for review and comment within 
30 days (Exhibit C).  As of this date, this office has received 
no response.

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing 
law or regulations.

2.	The application was timely filed.

3.	Sufficient relevant evidence has been presented to 
demonstrate the existence of an injustice.  After a thorough 
review of the evidence, we believe corrective action is 
warranted.  The record clearly indicates the applicant was not 
counseled regarding the effect of listing his daughter as a 
beneficiary of his SPB annuity.  Additionally, AFPC/DPFFF has 
also confirmed this was a systemic problem as members who 
retired prior to 2000 were not routinely counseled on the 
negative impact caused by SBP annuity payments for disabled 
children who are entitled to other federal and state disability 
benefits.  Based on the aforementioned, the Board recommends the 
applicant’s records be corrected as indicated below.

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that on 
1 August 1975, he elected spouse only coverage, rather than 
spouse and child coverage, under the Survivor Benefit Plan (SBP) 
based on the previous reduced level of retired pay.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2012-04817 in Executive Session on 17 June 2013, under 
the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

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

	Exhibit A. DD Form 149, dated 8 Oct 12.
	Exhibit B. Letter, AFPC/DPFFF, dated 28 Nov 12.
	Exhibit C. Letter, SAF/MRBR, dated 14 Dec 12.




						Panel Chair





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