DEPARTMENT OF THE AIR FORCE
WASHINGTON, D. C.
Office of the Assistant Secretary
AF’BCMR 96-03563
NOV 0 5 1.m
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:
itary records of the Department of the Air Force relatin
be corrected to show that on 11 November 1993, he el
ivor
to change his coverage fiom “spouse coverage” to “former spouse coverage,” naming
as beneficiary, based on full retired pay.
DONNA PITTENGER
Chief Examiner
Air Force Board for Correction
of Military Records
.
,
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 97-02263
NOV 0 5 1997-
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
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, AFPUDPPTR, dtd 19 Sep 97
Panel Chairman
.
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 F O R C E BASE T E X A S
-
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
-.
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) totomply with his divorce decree.
Basis for Request: The applicant claims he was unaware he had to reapply for
SBP following his divorce and believed his former spouse remained the beneficiary.
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, maximum annuity, prior
to his 1 May 88 retirement. The parties divorced on 10 Nov 93 and the divorce decree
required SBP coverage be continued; however, neither he nor his former spouse
submitted a valid election change during the required time limit. Neither the member
nor the former spouse has remarried.
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. 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 error, to preclude
a possible injustice, we recommend the member‘s record be corrected to reflect that on
11 Nov 93 he elected to change SBP spouse coverage to former spouse coverage
beneficiary. Approval should be
based on full retired pay, naming-as
contingent upon recoupment of any applicable premiums.
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
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...
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. 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. Although SBP premiums may continue to be deducted from the member’s retired pay following divorce, the former spouse is not eligible to receive annuity payments in the event of the member‘s death. Recommendation: Although there is no evidence of Air Force error, to preclude a possible injustice, we recommend that the...
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. Even though SBP premiums continue to be deducted from the member’s retired pay following divorce, the former spouse is not entitled to receive the annuity in the event of the member’s death. Discussion: Even though the member did not make a valid former spouse election change, there is no evidence he requested coverage for...
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 one- year time limit following divorce, he did not request DFAS terminate his former spouse's coverage, premiums continued to be deducted from his pay, and he took immediate action to establish former spouse coverage after DFAS-CL advised him it...
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...
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...
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...
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...