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
*e- Background: A spouse’s eligibility as an SBP beneficiary terminates upon divorce. If neither the member nor the former spouse requests the election change during the one-year eligibility period, former spouse coverage may not be established thereafter. Neither party remarried, SBP premiums continue to be deducted from the member‘s retired pay, and the former spouse is reflected as the eligible spouse beneficiary.
Both must be exercised within one year after 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. If neither the member nor former spouse requests the election change during the one-year eligibility period, former spouse coverage may not be established thereafter. Recommendation: Although there is no evidence of Air Force error, to preclude a possible injustice, we recommend the member's...
AF | BCMR | CY2012 | BC-2012-04626
________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPFFF recommends approval, stating, in part, there is no evidence of Air Force error in this case and absent a competing claimant, DPFFF recommends the decedent's record be corrected to reflect on 1 Feb 94, he elected to change SBP spouse to former spouse coverage based on full retired pay, naming the applicant as the former spouse beneficiary. Considering the applicant failed to execute a deemed...
If neither the member nor the former spouse requests the election change during the one-year eligibility period, former spouse coverage may not be established thereafter. The member 97031 82 remarried 21 Jul90. Recommendation: Although there is no evidence of Air Force error, to preclude a possible injustice, we recommend partial relief: the member's record should be corrected to reflect that on 28 Jun 88 he elected to change SBP spouse and child -vera e to former spouse and child coverage...
- Facts: The member and former spouse were married on 25 Sep 58 and the member elected spouse and child coverage, maximum annuity, prior to his I Feb 73 retirement, The parties divorced on 3 Jun 96 and although the divorce decree required SBP coverage for his former spouse be continued, neither she nor the applicant submitted a valid election change during the required time limit. ~ Discussion: The applicant made no election change during the required time limit and there is no record he...
AF | BCMR | CY2012 | BC-2012-00128
DPSIAR states there is no evidence of Air Force error in this case; however, in the interest of justice and absent a competing claimant, DPSIAR recommends the member's record be corrected to show he elected SBP former spouse coverage based on the previous reduced level of retired pay effective 31 May 2007, naming his former spouse as beneficiary. To date, a response has not been received (Exhibit C). _______________________________________________________________ THE BOARD RECOMMENDS...
AF | BCMR | CY2012 | BC 2012 02752
The member did not request coverage for his former spouse be terminated and the fact that SBP premiums were deducted from his retired pay for over three years following their divorce are indicative of his intent to maintain the applicant as the eligible SBP beneficiary. There is no evidence of Air Force error in this case and absent a competing claimant, DPSIAR recommends the member's record be corrected to reflect on 10 Apr 2009, he elected to change SBP spouse to former spouse coverage...
If neither the member nor the former spouse requests the election change during the one-year eligibility period, former spouse coverage may not be established thereafter. Discussion: Even though the member did not make a valid election change, there is no evidence he requested coverage for his former spouse be terminated or established for his new spouse following his remarriage, all indicative of his intent to maintain his former spouse as the eligible SBP beneficiary. Recommendation:...
If neither the member nor the former spouse requests the election change during the one-year eligibility period, former spouse coverage may not be established thereafter. Premiums continue to be deducted from his retired pay erroneously listing the former spouse as the eligible spouse beneficiary. e to former spouse coverage the former spouse beneficiary, PAT PEEK, DAFC Chief, Retiree Services Branch Directorate of Pers Program Mgmt 7 / DEPARTMENT OF THE AIR FORCE WASHINGTON, DC Office of...
Public Law (PL) 92-425 (21 Sep 72) which established the SBP, did not provide authority to change from spouse to former spouse coverage following divorce, nor to suspend premium payments when the retiree no longer had an eligible beneficiary. PL 98-94 (24 Sep 83) permitted retirees to elect former spouse coverage within one year following the divorce. Recommendation: Although there is no evidence of Air Force error, we recommend that the member's record be corrected to reflect that on 1...