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: 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.