DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 9 7 - 0 2 9 6 2
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
SUBJECT :
Having carefully reviewed this application, we agree with the
recommendation of the Air Force office of primary responsibility
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 - 2 6 0 3 , the applicant's records will be corrected as
the accompanying Memorandum for the Chief of Staff signed by the
Executive Director of the Board or his designee.
set forth in
Phe1 Chair/
Attachment:
Ltr, HQ AFPC/DPPTR, dtd Oct 3 , 1 9 9 7 ,
w/Atchs
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
office of the Assistant Secretary
AFBCMR 97- 02962
MEMORANDUM FOR THE CHIEF OF STAFF
Under the authority of Section 1552, Title 10, United States
Code and 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:
The pertinen
Force relating to
show that, on 30
spouse and child coverage based on Cull retired pay.
nt of the Air
e corrected to
efit Plan ( S B P )
. - - - ,
j2!2j@i!%
Chief xaminer
V Air Force Board for Correction
of Military Records
D E P A R T M E N T OF T H E AIR FORCE
HEADQUARTERS AIR FORCE PERSONNEL CENTER
RANDOLPH AIR FORCE BASE TEXAS
E7 ?@ @9&
MEMORANDUM FOR AFBCMR
FROM: HQ AFPC/DPPTR
550 C Street West Ste 11
Randolph AFB TX 781504713
SUBJECT: Application for Correction of Military Records
_ _ _ 4
Reference:
-
Requested Correction: The applicant is requesting corrective action to show he
elected spouse and child coverage based on full retired pay under the Survivor Benefit
Plan (SBP) prior to retiring. He has provided a statement indicating his willingness to
pay all premiums that accrue if his request is approved.
Basis for Request: The applicant claims that an administrative error on the part
of the Defense Finance and Accounting Service (DFAS) resulted in coverage not being
established.
Backaround: When DFAS fails to receive a valid SBP election prior to a
member’s retirement, the law requires coverage to be established for all eligible
beneficiaries.
Facts: Records indicate the member and Betty were married 15 Aug 53 and he
completed an SBP election for spouse and child coverage, maximum annuity, prior to
his 1 Jul 88 retirement. Nevertheless, the DFAS-Denver Center (DFAS-DE)
erroneously established his retired pay account to show he had declined SBP
coverage. Subsequently, a copy of the original election was located in the applicant‘s
retired pay record, but the DFAS-Cleveland Center (DFAS-CL) refused to establish the
coverage because of the ten-year delay and the significant retroactive debt.
A
Discussion: We have been unable to determine why DFAS-DE failed to accept
the member’s election for spouse and child coverage. Furthermore, the member‘s
record contains no evidence of a valid election to decline SBP coverage. Although it is
each member’s responsibility to ensure their SBP coverage has been properly
established and although the applicant has offered no explanation for his failure to
question why SBP premiums were not being deducted from his pay, the finance center
erred by its failure to implement the coverage the member elected. Furthermore, the
DFAS error was compounded when it failed to establish the coverage required by law if
there is no valid SBP election on record.
Recommendation: We recommend the member's record be corrected to reflect
on 30 Jun 88 he elected spouse and child coverage based on full retired pay. Approval
should be contingent upon recovery of appropriate costs.
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate Pers Prog Management
*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 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...
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...
'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 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 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...
- 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...
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...
tment of the Air , be corrected to ge his Survivor - use coveragelf to Itformer spouse s beneficiary, based on reduced Caef E x a b r Air Force Board for Correction of Military Records DEPARTMENT O F THE A I R FORCE HEADQUARTERS AIR FORCE PERSONNEL CENTER RANDOLPH AIR FORCE BASE TEXAS MEMOWNDUM 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, son of the above-named...
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...