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AF | BCMR | CY1998 | 9302170
Original file (9302170.pdf) Auto-classification: Approved
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DEPARTMENT OF THE AIR  FORCE 
BOARD FOR CORRECTION  OF MILITARY RECORDS 

WASHINGTON  DC 20330-1430 

, 

AFBCMR  93-02170 

SEP  2 0   I993 

MEMORANDUM FOR THE  CHIEF OF STAFF 

Under the authority of Section 1552, Title 10, United States 
Code and Air Force Regulation 31-3, 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: 

-- corrected  to show t 

T&  pertinent 

- _  
1'  :*w- 

Air be 
Force  relating  to 
ange 
from  Survivor Benefit  Plan  spouse  coverage  to  former  spouse 
coverage, based  on  a  reduced  annuity,  naming  Norma  J .  
Blankenstein as beneficiary. 

ief Examiner 
Board for Correction 
Military Records 

DEPARTMENT OF THE AIR  FORCE 
BOARD FOR CORRECTION OF  MILITARY  RECORDS 

WASHINGTON  DC 20330-1430 

1  1,  I 

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AFBCMR 9 3 - 0 2 1 7 0  

4 

. _. 

MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE  AFBCMR 
SUBJECT : 

Having carefully reviewed this app!icat.ion,  we agree with the 
recommendation of the Air Staff and adopt the rationale eqpressed 
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 AFR  31-3, the applicant's  records will  be 
corrected  as  set  forth in  the accompanying Memorandum  f o r   the 
Chief of Staff signed by the Executive Director of the Board or 
his designee. 

dA 

Panel Chairman 

< 

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Attachment 
L t r ,   AFMPC/DPMARR3, dtd 15 J u l   93 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS AIR FORCE MILITARY PERSONNEL CENTER 

RANDOLPH AIR FORCE BASE. TEXAS 

1 5  JUL  1993 

HQ AFMPCjDPMARFt3 
550  C  Street  W e s t   S t e  11 
Randolph  AFB  TX  78150-4713 

FROM: 

SUBJ: 

TO:  AFBCMR 

Records 

Requ ested  Correction: 

The  applicant  requests  h i s  m i l i t a r y   record  be 
1. 
corrected  t o  reflect he  f i l e d   a  timely  e l e c t i o n   t o  change  from  spouse  t o  
former  spouse  coverage,  reduced  annuity,  under  t h e  Survivor  Benefit  Plan 

(SBP) . 

Basis for  Requ est:  Applicant  claims  he  had  n o t i f i e d   t h e   finance  c e n t e r   of 

2. 
h i s  divorce  and  because  he  continued t o  see  SBP  premiums  taken  f r o m  h i s  
retired  pay,  he  thought  t h e   SBP  had  been  corrected. 

However,  t h e   l a w  

Background:  The  l a w  c o n t r o l l i n g   t h e  SBP  provides  t h a t   a  spouse's 

3. 
e l i g i b i l i t y  t o  r e c e i v e   an  annuity  terminates  upon  divorce. 
also provides  t w o  mechanisms  for  changing  spouse  coverage  to former  spouse 
coverage.  B o t h  must  be  exercised  within  one  year  after  divorce: 
may  f i l e  an  e l e c t i o n  change,  or  t h e   former  spouse  may  request  t h e  retiree  be 
I n  t h e   latter  case, 
deemed  t o  have  made  such  a  change  on  h i s  or  her  behalf. 
t h e   former  spouse must  provide  legal  documentation  t h a t   t h e  m e m b e r   agreed  or 
If n e i t h e r   t h e  
t h e  c o u r t   ordered  former  spouse  coverage to be established. 
m e m b e r   nor  former  spouse  requests  t h e  e l e c t i o n   change  during t h e  one-year 
e l i g i b i l i t y  period,  former  spouse  coverage may  not  be  e s t a b l i s h e d   t h e r e a f t e r ,  
Thus,  even  though  a  member  may  not  have  n o t i f i e d   t h e   Defense  Finance  and 
Accounting  Service-Denver  Center  (DFAS-DE)  of  h i s  divorce  and  continues  t o  pay 
premiums  f o r   spouse coverage  a f t e r  t h e  divorce,  t h e   former  spouse  is qot 
eligible  for  annuity  payments  upon  t h e  member's  death, 

t h e  retiree 

- 

-- 

a 

The  applicant  and-were 

Facts:  The  applicant  married-n 

26  Aug  63 and  retired  from  t h e  A i r  
4. 
Force  on  1 Jan  7 0 .  
During  SBP's  i n i t i a l  open  enrollment  authorized by  Public 
Law  (PL)  92-425,  he  elected  spouse  only  coverage  based  on  a  reduced  l e v e l   of 
retired  pay. 
after  t h e   divorce,  t h e  m e m b e r   s e n t   h i s  marriage  certificate  and  divorce  decree 
t o  DFAS-DE  and  requested  a  d i v i s i o n   of  r e t i r e d   pay  under  t h e   Former  Spouses 
P r o t e c t i o n   A c t .   DFAS denied  h i s  request  i n  O c t   87  and  returned  h i s  request 
without  action.  N e i t h e r   t h e  m e m b e r   nor  h i s   former  spouse  requested  an SBP 
e l e c t i o n   change. 
date of  divorce. 

Therefore, 
Neither  t h e  applicant  nor  h i s   former  spouse  has  remarried. 

became  i n e l i g i b l e   f o r   an  SBP  annuity  on  t h e  

divorced  on  20  Aug  87.  S h o r t l y  

Discussion: 

Even  though  t h e  m e m b e r   did  not  elect  t o  change  f r o m   spouse  t o  

5 .  
former  spouse  coverage,  he  did  not  request  DFAS-DE  t o  terminate  e x i s t i n g  
coverage. 
learned  h i s   former  spouse  w a s   not  an  eligible  beneficiary,  he  took  a c t i o n  t o  
remedy  t h e  error. 
M e m b e r   has  indicated  h i s  willingness  t o  repay  t h e  refunded 
premiums  and  any  o t h e r   debt  he  may  incur  as  a  r e s u l t   of  c o r r e c t i v e   action. 

Premiums  continue t o  be  deducted  from  h i s  retired  pay.  When  he 

- 

i 

'* 

I n  t h e   i n t e r e s t   of j u s t i c e ,   w e   recommend  t h e  m e m b e r ' s  
6 .   Recmmendation: 
record  be  corrected  t o  reflect  on  21 Aug  87  he  elected  t o  change  f r o m   SBP 
spouse  coverage  t o  former  spouse  coverage,  reduced  annuity,  naming 
-as 
of any  r e t r o a c t i v e   costs  t h a t   may  be  due. 

beneficiary.  Approval  should  be  contingent  upon  6he  recovery 

MARY  s.  MOLTER 
Retirements  Branch 
Directorate  of Per8  Program  M g t  

1 Atch 
Case  F i l e  

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ADDENDUM TO 

RECORD OF PROCEEDINGS - 

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The  following members-of  the Air  Force Board  for Correction  of 
Military  Records coksidered this case  in Executive Session on 26 
August  1993, in accordance with AFR  31-3 and  10 USC 1552: 

Mr.  Walter A.  Willson, Panel Chairman 
Mr.  Scott W.  Stucky, Member 

Mr.  C. Bruce Braswell,  Member 

L 



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