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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
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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
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AFBCMR 9 3 - 0 2 1 7 0
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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
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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
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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
If the member does not elect former spouse coverage during the one-year eligibility period, that 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 e Facts: The member and applicant were married when the member elected spouse and child coverage, reduced annuity, prior to his 1 Apr 89 retirement. ...
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 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...
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. Discussion: Although the member did not submit a valid election to voluntarily change from spouse to former spouse coverage within the first year following divorce, there is no evidence that he requested coverage be terminated and continued to pay SBP premiums, indicative of his intent to maintain...
However, the law provides two mechanisms for changing spouse to former spouse coverage. 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. Discussion: Even though the member did not make a valid former spouse election change, there is no evidence he requested coverage for her be terminated.
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. 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...
PAT PEEK, DAFC Chief, Retiree Services Branch Directorate of Pers Program Mgmt D E P A R T M E N T O F T H E A I R FORCE H E A D Q U A R T E R S AIR FORCE P E R S O N N E L C E N T E R R A N D O L P H AIR FORCE B A S E TEXAS MEMORANDUM FOR AFBCMR FROM: HQ AFPC/DPPTR 550 C Street West Ste 11 Randolph AFB TX 78150-4713 SUBJECT: Application for Cortection of Military Records Requested Correction: The applicant, former spouse of the above-named retired member, is requesting corrective action...
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...
Even though SBP premiums continue to be deducted from retired pay following divorce, the former spouse is not entitled to receive the annuity in the event of the member‘s death. Facts: The member elected reduced spouse only SBP coverage, reduced annuity, prior to his I May 77 retirement. PAT PEEK, DAFC Chief, Retiree Services Branch Directorate of Pers Program Mgmt DEPARTMENT OF THE AIR FORCE WASHINGTON, DC Office of the Assistant Secretary AFBCMR 98-01590 SEP 3 0 MEMORANDUM FOR THE CHIEF...