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AF | BCMR | CY1998 | 9703286
Original file (9703286.pdf) Auto-classification: Approved
DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

JUN 1 2  1998 

Office of the Assistant Secretary 

AFBCMR 97-03286 

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: 

The pertinen 
Force relating to 
show that on 17 A 
Benefit Plan elec 
spouse coverageii 
reduced annunity. 

ment of the Air 
be corrected to 
his Survivor 
rageii to ifformer 
ary, based on 

Ch'"ief Examiner 
Air Force Board for Correction 
of Military Records 

DEPARTMENT O F  T H E  AIR  FORCE 

HEADQUARTERS  A I R   FORCE  PERSONNEL  C E N T E R  

RANDOLPH  AIR  FORCE  BASE TEXAS 

MEMORANDUM FOR AFBCMR 

FROM: HQ AFPUDPPTR 

550 C Street West Ste I 1  
Randolph AFB TX  781 50-471 3 

SUSJECT:  Application for Correction of Military Records 

Requested Correction: The applicant, former spouse of the above-named 

retired member, is requesting corrective action to show that the decedent made a timely 
election to voluntarily change his Survivor Benefit Plan (SBP) coverage from spouse 
and child to former spouse based on a reduced tevel of retired pay. 

Basis for Reauest:  The applicant claims the member did not want to accept their 

divorce and wanted her to have SBP when he passed away. 

Backaround:  A spouse loses eligibility to receive an annuity upon divorce. 
However, the law provides two mechanisms for changing spouse to former spouse 
coverage.  Both must be exercised within the first year folfowing 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 tbe 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 former 
spouse requests the efection change during the one-year eligibility period, former 
spouse coverage may not be established thereafter.  Even though a member fails to 
notify Defense Finance and Accounting Service (DFAS) of the divorce and continues to 
pay SBP premiums afterwards, the former spouse is not eligible for an annuity upon the 
member's death. 

Facts:  The member elected spouse and child coverage based on a reduced 

level of retired pay prior to his 1 Jun 83 retirement.  The parties divorced on 16 Aug 94 
but the court order was silent on the issue of SBP.  However, the member continued to 
pay premiums for spouse and child coverage until his I 9  Sep 97 death.  Subsequent to 
his death, his son was determined ineligible for the annuity because he was no longer 
attending school. 

Discussion:  Although the applicant made no election change during the 

required time limit, there is no evidence he requested the applicant's coverage be 

terminated and premiums continued to be deducted from his retired pay, all indicative 
of his intent to maintain her as the eligible SBP beneficiary. 

Recommendation: Although there is no evidence of Air Force error, to preclude 

a possible injustice, we recommend that the member's record be corrected to reflect 
that on I 7  Aug 94, he elected to change SBP spouse and child c 
spouse coverage based on a reduced level of retired pay, naming 
the former spouse beneficiary. Approval should be contingent upon recoupment of  any 
applicable p remi urns. 

S 

PAT PEEK, DAFC 
Chief, Retiree Services Branch 
Directorate of Pers Program Management 

9703286 

.  . _  



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