RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2004-00460
								INDEX CODE:  137.04
								COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be allowed to terminate his Survivor Benefit Program (SBP) coverage for his handicapped son.

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APPLICANT CONTENDS THAT:

His wife passed away on 6 December 2003.  He included his son in the SBP plan only because the cost was so low.  He did not know that when his wife died the cost of coverage for his son would escalate to $81.68.  His son, who currently resides in a Group Home, suffers from severe mental retardation as a result of Spinal Meningitis contracted as an infant.  If he cannot withdraw from the SBP program, he will be paying $81.68 cents or more until he dies, and his son will never enjoy the benefits of the money.

In support of his application, he submitted a personal statement.  The applicant’s complete submission, with attachment, is at Exhibit A.
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STATEMENT OF FACTS:

The member did not elect Retired Serviceman’s Family Protection Plan (RSFPP) coverage prior to his 1 May 1972 retirement.  He declined SBP coverage during the Plan’s initial enrollment period (21 September 1972 - 20 March 1974), but elected spouse and child SBP coverage based on full retired pay during the open enrollment period (1 October 1981 - 30 September 1982) authorized by Public Law 97-35.  His wife died on 22 December 2003, the cost for her coverage was suspended and the SBP premium was adjusted to reflect his handicapped son (date of birth 14 November 1951) as the primary beneficiary.  Prior to his wife’s death, the total monthly SBP cost was approximately $143 ($142 for spouse costs, $1 for the child’s portion).  Following the adjustment to the costs, the child’s premium became approximately $81.00.
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AIR FORCE EVALUATION:

The Retiree Services Branch, AFPC/DPPTR, reviewed this application and recommended denial stating there is no evidence of Air Force error or injustice.  Monthly premiums for spouse and child coverage are weighted upon the fact that the child is a contingent beneficiary who would receive SBP payments only in the event the spouse becomes ineligible for payments.  When the primary beneficiary becomes ineligible, the costs must be recalculated.  Premiums for a handicapped child over the age of 22 are based upon the factors for a child age 17 and the member’s actual age.  The applicant’s concern that his son will not enjoy any SBP payments resulting from his participation for over twenty-two years has merit, but there is no provision in the laws controlling the SBP to permit termination for that reason.

DPPTR states that if the Board’s decision is to grant relief, the member’s record should be corrected to reflect he declined spouse and child coverage effective 29 September 1982, and correction should be contingent upon the member’s waiving refund of any SBP premiums deducted before and after the death of his wife.

The complete evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and, in an additional statement, reiterates his initial contentions regarding his request to terminate SBP coverage for his son.  In support of his comments, he includes a diagnosis and evaluation report from the Austin-Travis County Mental Health Mental Retardation Center (Exhibit E).
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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of injustice.  It is possible the applicant was not fully counseled that the cost for the child portion of the SBP coverage would be recalculated should his wife predecease him.  Additionally, under the circumstances presented in this case, the applicant’s son will not benefit from the SBP coverage as it was intended.  Therefore, we believe that relief is appropriate in this case.  We disagree with the Air Force recommendation for relief should we not accept their assessment of the case since the spouse had the benefit of the coverage for approximately 20 years.  Based on our findings of injustice, we believe changing the applicant’s election from spouse and child coverage to spouse coverage would be the best form of relief in this case.  To do so would allow this benefit to be available to any new spouse should the applicant remarry.  In view of the foregoing, and as a matter of fairness, we believe that the applicant’s record should 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 APPLICANT be corrected to show that on 29 September 1982, he elected spouse coverage, rather than spouse and child coverage, under the Survivor Benefit Plan (SBP) based on full retired pay.
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The following members of the Board considered this application in Executive Session on 14 April 2004, under the provisions of AFI 36-2603:
The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-00460.

	Exhibit A.  DD Form 149, dated 8 Feb 04, with attachments.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Letter, HQ AFPC/DPPTR, dated 26 Feb 04.
	Exhibit D.  Letter, SAF/MRBR, dated 5 Mar 04.

	Panel Chair

AFBCMR BC-2004-00460

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 on 29 September 1982, he elected spouse coverage, rather than spouse and child coverage, under the Survivor Benefit Plan (SBP) based on full retired pay.

                                                                            Director
                                                                            Air Force Review Boards Agency