.
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
- 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...
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: Although the member made no election change during the required time limit, he did not request coverage for his former spouse be terminated and SBP premiums continued to be deducted from his retired pay, all indicative of his intent to maintain her as the eligible SBP beneficiary. Recommendation: Although...
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. If neither the member nor former spouse requests the election change within the one-year eligibility period, former spouse coverage may not be established thereafter. There is no evidence the decedent nor the applicant took the required action to change the coverage, and SBP premiums...
*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.
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 parties divorced on 17 Oct 86 and the member agreed to continue SBP coverage on the applicant's behalf; however, neither submitted a valid election to change the SBP coverage from spouse to former spouse. Premiums for spouse coverage continued to be deducted from his retired pay and finance records erroneously listed...
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. Eligibility and premiums are reinstated effective the first day of the month after the date the former spouse's remarriage terminates. Discussion: Although the member made no election change during the required one- year time limit following divorce, there is no evidence that he requested DFAS terminate his former...
'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. 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 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:...
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...