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AF | BCMR | CY1997 | 9603294
Original file (9603294.pdf) Auto-classification: Approved
. 

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 



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