.
DEPARTMENT OF THE AIR FORCE
WASHINGTON, D. C.
Office of the Assistant Secretary
AF'BCJMR 96-03 563
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:
ry records of the Department of the Air Force relating to
be corrected to show that on 30 April
Survivor Benefit Plan (SBP), naming
as beneficiary, based on
DONNA PITTENGER
Chief Examiner
Air Force Board for Correction
of Mlitary Records
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 96-03294
NOV 0 5 1992
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
3 6-2603, 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.
Attachment:
Ltr, AFPCDPPTR, dtd 8 Oct 97
Panel Chairman
U.S. AIR FORCE B
1 9 4 7 - 1 9 9 7
DEPARTMENT OF THE AIR FORCE
H E A D Q U A R T E R S AIR F O R C E P E R S O N N E L CENTER
R A N D O L P H AIR FORCE BASE T E X A S
-
MEMORANDUM FOR AFBCMR
FROM: HQ AFPCIDPPTR
550 C Street West Ste 11
Randolph AFB TX 78150-4713
SUBJECT: Application for Correction of Military Records
Reauested Correction: The applicant is requesting corrective action to establish former
spouse and child coverage under the SunAvor Benefit Plan (SBP).
Basis for Request: The applicant claims he was ordered to cover his former spouse
under the SBP as part of her community property interest and does not want to be held in
contempt of court.
Backaround: The law controlling the SBP allows a member to make an election for
former spouse coverage at retirement. The election may be made voluntarily, to comply with
the provisions of a divorce decree or to honor an agreement not incorporated by the court
order.
Facts: The member rnarrie
on 2 Jun 73 and they were divorced on
24 Apr 95. The court order termina
e was silent on the matter of the SBP;
however, the attachment to the judgment states that "remaining issues ... may be determined
in a trial . .. #. The member elected child only coverage based on full retired pay prior to his
on 21 Oct 95 and sent the Defense Finance and
1 May 95 retirement. He mame-
Accounting Service - Cleveland Center (DFAS-CL) a copy of their marriage certificate, but did
dded to his SBP coverage. Nevertheless, DFAS-CL erroneously
s the eligible spouse beneficiary effective 21 Oct 96 (the first anniversary
17 Apr 96 the member's former spouse petitioned the court and a
Further Judgment on Reserved Issues was issued, ordering him to maintain former spouse
SBP coverage. On 29 Apr 97, the DFAS-CL removed the erroneously established spouse
coverage, child only coverage was reestablished retroactive to the date of retirement, and
premiums deducted for his wife's coverage were refunded to the member.
Discussion: The member's application states he "nominated of (sic) my wife and myself
as beneficiaries in the Survivor's Benefit Program (sic)" when he declared his intention to
retire. However, the DD Form 2656, Data for Payment of Retired Personnel, dearly shows he
did not report any data pertaining to his former spouse and elected child only coverage.
Because the member's divorce decree did not address the SBP, there was no requirement for
him to elect former spouse coverage, but he could have done so voluntarily. It is our opinion
that the 17 Apr 96 court order is not enforceable because it was issued after the member was
already retired. However, the record can be corrected to show he elected former spouse and
c
a
T
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
'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...
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...
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...
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. Thus, even though a member may not have notified the Defense Finance and Accounting Service (DFAS) of the 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. Recommendation: Although there is no evidence of Air Force...
- 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...
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