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AF | BCMR | CY1997 | 9701672
Original file (9701672.pdf) Auto-classification: Approved
. 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, 0. C. 

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 to- 

rrected to show that on 26 January 1996, he elected unaer the 
his coverage from “spouse coverage” to “former spouse 
as beneficiary, based on a reduced level of retired pay. 

Chief Examiner 
Air Force Board for Correction 
of Military Records 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

'AFBCMR  97-01 672 

MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR 
SUBJECT: L- 

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. 

Attachment: 
Ltr, AFPUDPPTR, dtd 22 Sep 97 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS AIR  FORCE PERSONNEL CENTER 

RANDOLPH AIR FORCE BASE TEXAS 

- 

MEMORANDUM FOR AFBCMR 

FROM: HQ AFPC/DPPTR 

550 C Street West Ste 11 
Randolph AFB TX  781 50-471 3 

SUBJECT:  Application for Correction of Military Records 

Reference: 

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

Basis for Request:  The applicant claims he was unaware that any changes were 

required on the SBP election since the current beneficiary and his former spouse are 
the same person. 

Backaround: A spouse's eligibility as an SBP beneficiary terminates upon 

divorce.  However, the law provides two mechanisms for changing spouse coverage 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 that the 
court ordered the member, to establish 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.  Even though a 
member fails to notify the Defense Finance and Accounting Service (DFAS) of the 
divorce and continues to pay SBP premiums afterwards, the former spouse is not 
eligible for annuity payments upon the member's death. 

Facts: The member elected spouse only SBP coverage, reduced annuity, prior to 

his 1 Oct 94 retirement and his wife concurred in his election.  They divorced on 
25 Jan 96 and the divorce decree required SBP coverage be continued; however, 
neither the applicant nor his former spouse submitted a valid election change during 
the required time limit.  Neither the member nor the former spouse has remarried and 
SBP premiums continue to be deducted from his retired pay. 

Discussion:  Although neither party submitted an election during the required 
time limit, there is no evidence the applicant requested coverage for his former spous 

be terminated, indicative of his intent to maintain her as the eligible SBP beneficiary. 
To deny this request would be to deny his former spouse an asset awarded to her by 
the court. 

Recommendation:  Although there is no evidence of Air Force error, to preclude 
a possible injustice, we recommend the member's record be corrected to reflect that on 
26 Jan 96 he elected to change SBP spouse co 
based on a reduced level of retired pay, namin 
Approval should be contingent upon recoupment of any applicable premiums. 

ouse coverage 
as beneficiary. 

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

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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