RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00558
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he declined Survivor Benefit Program (SBP) coverage for is disabled son.
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APPLICANT CONTENDS THAT:
He made this election with the belief the SBP benefits would expire when his son reached majority age. His son is developmentally disabled, a ward of the state, and 29 years old. He receives extensive support from Federal and state programs, to include Medicare and Supplemental Social Security (SSI), which far exceed his projected SBP benefits. If his son were to receive SBP benefits due to the applicant passing away, his son would lose all his Federal and state benefits because he would then fail the income tests which are predicates to these entitlements.
The applicants complete submission, with attachment, is at Exhibit A.
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STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
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AIR FORCE EVALUATION:
AFPC/DPFFF recommends approval. Title 10 USC § 1447 (11), states an eligible child is a person who is incapable of self-support because of a mental or physical incapacity existing before the persons eighteenth birthday
The Social Security Administration (SSA) and other Federal and state benefits for the handicapped do not exempt SBP payments from various income tests that are used to determine eligibility. The applicant, who had a dependent disabled child and was not married at the time, elected child-only coverage based on the full level of retired pay, prior to his 1 May 97 retirement. The SBP coverage is basically irrevocable and cannot be arbitrarily terminated as long as there is an eligible beneficiary. The integration and possible negative impacts of receipt of SBP annuity payments for children who are entitled to SSI and state disability benefits have been discussed by the Office of the Assistant Secretary of Defenses (OASD) Joint SBP Board. The Services representatives and OASD support legislative changes which would eliminate the integration, or exempt SBP payments from any means test. There is no evidence of an Air Force error in this case; however, in the interest of justice, the applicants election of child-only coverage based on full retired pay under the SBP should be voided.
The complete AFPC/DPFFF evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 7 Jun 13 for review and comment within 30 days. As of this date, no response has been received by this office. (Exhibit D).
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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. We took notice of the applicant's complete submission in judging the merits of the case and 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 relief should be granted. Although we find no evidence of an error on the part of the Air Force, we believe that it is in the interest of justice to provide the requested relief. Therefore, we recommend the applicants record be corrected as indicated below.
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THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 1 May 1997 he declined coverage under the Survivor Benefit Program (SBP) for his disabled son.
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The following members of the Board considered AFBCMR Docket Number BC-2013-00558 in Executive Session on 7 Nov 13, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records as recommended. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Jan 13, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPFFF, dated 28 May 13.
Exhibit D. Letter, SAF/MRBR, dated 7 Jun 13.
Panel Chair
2
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If his son were to receive SBP benefits due to the applicant passing away, his son would lose all his Federal and state benefits because he would then fail the income tests which are predicates to these entitlements. Title 10 USC § 1447 (11), states an eligible child is a person who is incapable of self-support because of a mental or physical incapacity existing before the persons eighteenth birthday The Social Security Administration (SSA) and other Federal and state benefits for the...
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________________________________________________________________ APPLICANT CONTENDS THAT: At the time of his retirement, he elected child only coverage for his disabled child. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFFF recommends granting the requested relief in the interest of justice. In addition if the service member elected child coverage in conjunction with an election for spouse, or elects child only coverage, the SBP annuity may...
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