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AF | BCMR | CY1997 | 9404473
Original file (9404473.pdf) Auto-classification: Approved
DEPARTMENT OF THE AIR FORCE 

WASHINGTON, 0. C. 

f 

Office of the Assistant Secretary 

AFBCMR 96-03563 

MEMORANDUM FOR THE CHIEF OF STAFF 

Under the authority of Section 1552, Title 10, United States Code, Air Force Instruction 36-2603, 
and having assured compliance with the provisions of the above regulation, the decision of the Air Force 
Board for Correction of Military Records is announced, and it is directed that: 

records of the Department of the Air Force relating 
corrected to show that on 28 January 1994, he elec 

rage from “spouse coverage” to “former spouse and child 
as former spouse beneficiary, based on kll retired pay. 

vor 

DONNA PITTENGER 
Chief Examiner 
Air Force Board for Correction 
of Military Records 

U 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR 94-04473 

MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR 

SUBJECT: 

Having carefully reviewed this application, we agree with the recommendation of the Air 
Force and adopt the rationale expressed as the basis for our decision that the applicant has been 
the victim of either an error or an injustice.  Therefore, under the authority delegated in AFI 
36-2603, the applicant's records will be corrected as set forth in the accompanying Memorandum 
for the Chief of Staff signed by the Executive Director of the Board or his designee. 

'Panel Chairman 

/ 

Attachment: 
Ltr, AFPCDPPTR, dtd 3 Oct 97 

DEPARTMENT OF THE AIR  FORCE 

HEADQUARTERS AIR  FORCE PERSONNEL C E N T E R  

R A N D O L P H  AIR  FORCE BASE T E X A S  

- 

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPC/DPPTR 

550 C Street West Ste 1 I 
Randolph AFB TX  781 50-471 3 

SUBJECT:  Application for Correction of Military Records 

Ref ere nce : 

Requested Correction:  The applicant is requesting corrective action to show he filed  a 
timely election for former spouse and child coverage under the Survivor Benefit Plan (SBP) to 
comply with his divorce decree. 

Basis for Request:  The applicant claims he wrongfully expected the Defense Finance 

and Accounting Service-Cleveland Center (DFAS-CL) to automatically act when his divorce 
decree was received and though SBP coverage would be established on behalf of his former 
spouse. 

Backa rou nd: 

. 

a.  A spouse’s eligibility as a SBP beneficiary terminates upon divorce.  However, the 
law provides two mechanisms for changing spouse to former spouse coverage.  Both must be 
exercised within the first year following divorce:  the retiree may file an election change, or the 
former spouse may request the retiree be deemed to have made such a change on his or her 
behalf.  In the latter case, the former spouse must provide legal documentation that the 
member agreed, or the court ordered the member, to establish former spouse coverage.  If 
neither the member nor former spouse requests the election change during the oneyear 
eligibility period, former spouse coverage may not be established thereafter.  Thus, even 
though a member may not have notified the DFAS of his divorce and continued to pay 
premiums for spouse coverage after the divorce, the former spouse is not eligible for annuity 
payments upon the member‘s death. 

b.  Spouse only coverage, maximum annuity, is established when a mamed member 

declines coverage and fails to obtain the spouse’s concurrence in the election prior to the 
effective date of retirement. 

- Facts:  The applicant was mamed and had eligible children prior to his 1 Dec 93 
retirement.  He elected to decline coverage on 25 Jun 93, but failed to obtain his wife’s 
concurrence.  The DFAS-CL established coverage for his wife based on full retired pay and 
erroneously added the children as contingent beneficiaries.  The parties divorced on 
27 Jan 94, premiums for the spouse’s portion of the coverage were suspended, and costs for 
the child’s portion continued to be deducted.  Neither party submitted a valid election for 
former spouse coverage within the required time. 

Discussion:  The petitioner submitted ttns request for correction after DFAS-CL advised 

him of the requirements for establishing former spouse coverage.  Although the member did 
not elect coverage on his children’s behalf when he retired, the law permits a retiree to add 
them as contingent beneficiaries in conjunction with an election for former spouse coverage. 
He has provided a statement of his willingness to repay all past due premiums and to deny the 
request would be to deny the former spouse an asset awarded her by the court. 

Recommendation:  Although there is no evidence of Air Force e m f  in this case, to 

preclude a possible injustice, we recomme 
28 Jan 94 he elected to change from SBP 
coverage based on full retired pay, naming 
beneficiary.  Approval should be contingent upon recovery of appropriate costs. 

as the former spouse 

d be corrected to reflect on 
to former spouse and child 

PAT PEEK, DAFC 
Chief, Retiree Services Branch 
Directorate of Pers Program Mgt 

ADDENDUM TO 

RECORD OF PROCEEDINGS 

The following members of  the Air Force Board  for Correction 

of Military Records considered this case in Executive Session on 

4 November 1997, in accordance with AFI 36-2603 and 10 USC 1552. 

Mr. LeRoy T. Baseman, Panel Chairman 

Mr. Joseph G. Diamond, Member 

Mr. David W. Mulgrew, Member 



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