DEPARTMENT OF THE AIR FORCE
WASHINGTON, D. C.
JUN 3 0
Office of the Assistant Secretary
AFBCMR 97-03346
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 36-
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, AFPCDPPRT, dtd 12 Mar 98
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WASHINGTON, D. C.
Office of the Assistant Secretary
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AFBCMR 97-03346
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dUN 3 8
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:
records of the Department of the Air Force relating t
that on 1 March 1986, he elected to ch
spouse coverage, insurable interest, to former spouse
rovisions of PL 99-145 effective 1 March 1986, and the
oncurred in the change.
d i e f Examiner
Air Force Board for Correction
of Military Records
DEPARTMENT OF THE A I R F O R C E
HEADQUARTERS AIR FORCE PERSONNEL CENTER
RANDOLPH AIR FORCE BASE TEXAS
MEMORANDUM FOR AFBCMR
FROM: HQ AFPCIDPPRT
550 C Street West Ste I 1
Randolph AFB 7x 78150-4713
SU8JECT: Application for Correction of Military Records
.
Recruested Correction: The applicant is requesting corrective a c l m that would allow
him to convert existing Survivor Benefit Plan (SBP) coverage from former spouse, insurable
interest option, to former spouse coverage under the same provisions as spouse coverage.
The applicant has included a notarized statement signed by his former spouse, concurring in
his request.
Basis for Request: The applicant claims he has been paying at a higher rate and his
former spouse will receive less then she should.
Backaround:
a. Public Law (PL) 98-94, effective 24 Sep 83, authorized a one-year open enrollment
period which allowed retirees with spouse or spouse and child coverage to convert to former
spouse coverage under the terms and conditions of the insurable interest option. Coverage
under this option had to be based on full retired pay.
b. PL 99-145, effective I Mar 86, authorized an open season during which participants
with former spouse coverage under the insurable interest option could convert to former
spouse coverage under the same cost and conditions as spouse coverage; however, the
former spouse had to concur in the change.
c. A former spouse annuity payable under the insurable interest option is 55 percent of
the base amount remaining after the deduction of the monthly SBP cost and the annuity is not
reduced at age 62. In contrast, a former spouse annuity payable under PL 99-145 is 55
percent of the base amount until age 62 and no less than 35 percent of the base amount
thereafter. Due to a technical error in the language of the law, there is no age-82 reduction in
the spouse-type annuity of a surviving former spouse whose divorce occurred prior to
29 Nov 09.
- Facts:
a. The member elected reduced spouse only coverage during the initial SBP
enrollment period (effective 21 Sep 72). The parties divorced on 25 Mar 83 and, although
unenforceable, the divorce decree ordered SBP coverage be continued for the former spouse.
The member elected former spouse coverage under the insurable interest option effective
29 Mar 84.
b. During the open season authorired by PL 99-145, eligible retirees were notified by
the Air Force Accounting and Finance Center (AFAFC) by direct mail. Records show an
information packet (copy included) and request for election change form were mailed to the
applicant at the address maintained by the finance center. There is no record the applicant
responded. The former spouse remarried 19 Feb 96, after her 55'h birthday.
Discussion: While it is each retiree's responsibility to ensure the finance center is
notified of any changes in their correspondence address, we have been unabje to determine if
the member's address was up-to-date when the information packets were mailed. However, it
is reasonable to conclude he would have requested conversion as authorized by PL 99-145
had he been aware of the opportunity to do so since it would have reduced his monthly
premium by more than $200 per month. Furthermore, it is possible that the former spouse
would have concurred since her potential monthly annuity would have increased approximately
$200.
Recommendation: There is no evidence of Air Force error; however, in the interest of
justice, we recommend the member's record be corrected to show he changed from former
spouse coverage, insurable interest, to former spouse coverage, rn
provisions of Pt 99-145 effective I Mar 86, and the former spouse,
concurred in the change, Refund of SBP premiums are subject to the six-year statute of
limitations.
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate bf Pers Program Mgmt
AF | BCMR | CY2014 | BC 2014 01225
PL 97-252 (8 Sep 82) permitted retiring members to provide SBP coverage for their former spouses under the insurable interest option. It is recommended that the deceased former members record be corrected to reflect that on 1 Mar 86, he elected to change SBP former spouse coverage under the insurable interest option to former spouse coverage under the spouse coverage option, naming the applicant as the eligible former spouse beneficiary, and she concurred in the change. THE BOARD...
AIR FORCE EVALUATION: The Chief, Retiree Services Branch, AFPC/DPPTR, reviewed this application and states that at the time of the applicant's divorce there was no provision under the SBP law to continue coverage to a former spouse. THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did noz demonstrate the existence of probable material error o r injustice; that the application was denied without a personal appearance; and that the application will only be...
AF | BCMR | CY2003 | BC-2003-00319
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR states the applicant submitted a notarized letter alleging the signature on the copy of an AF Form 1267, Survivor Benefit Plan (SBP) Notification and Concurrence, is not her signature and that she did sign an SBP election form for annuity for 55 percent of the servicemember’s retired pay. If the servicemember had elected full spouse coverage, the applicant’s signature would not have been...
AF | BCMR | CY2005 | BC-2005-00415
Even though the law in effect at the time of the applicant’s divorce did not allow retired members to provide former spouse SBP coverage, the member could have voluntarily elected former spouse SBP coverage on the applicant’s behalf when he applied for commencement of his retired pay, but he did not. A member, who has an eligible former spouse at the time of retirement, and does not elect SBP former spouse coverage, may not later elect that option unless Congress authorizes an open...
He could have elected former spouse SBP coverage for her during the 1992 open enrollment. However, spouse premiums could be terminated following divorce if the member additionally selected Option 4. He could have elected former spouse SBP coverage for her during the 92 open enrollment.
AF | BCMR | CY2003 | BC-2002-01999
The member could have elected former spouse SBP coverage on the applicant’s behalf when he applied for commencement of his retired pay, but failed to do so. A complete copy of the evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to applicant on 9 August 2002 for review and response within 30 days. After a thorough review of the evidence of...
Therefore, under the authority delegated in AFI 36-2603, 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. PL 99-145,8 Nov 85 (effective 1 Mar 86) provided former spouse coverage with the same premiums and features as spouse coverage and authorized an open enrollment period (8 Nov 85 - 7 Nov 86) for members to change from insurable interest option (with the former...
_________________________________________________________________ AIR FORCE EVALUATION: The Chief, Retiree Services Branch, AFPC/DPPTR, reviewed the application and states the law in effect at the time the service member divorced the applicant did not have a provision to elect SBP coverage for a former spouse even if the divorce decree made a reference to the SBP. The service member did not elect coverage for his minor children at the time of his retirement. Exhibit C. Letter, SAF/MIBR,...
AF | BCMR | CY2004 | BC-2003-02252
Further, since there was no court approved modification to the divorce decree regarding the SBP coverage, as required by statute, a majority of the Board is not persuaded the Air Force erred in refusing to change his SBP beneficiary after he advised DFAS that his former spouse had consented to the termination of her coverage based on the terms of their property settlement. _________________________________________________________________ RECOMMENDATION OF THE BOARD: The majority of the...
ARMY | BCMR | CY2004 | 20040005772C070208
Public Law 94-496, effective 1 October 1976 provided for the suspension of spouse costs if marriage ends in death or divorce. Public Law 97-252, the Uniformed Services Former Spouses Protection Act (USFSPA), dated 8 September 1982, established SBP coverage for former spouses of retiring members under insurable interest coverage provisions. Public Law 98-94, dated 24 September 1983, established former spouse coverage for retired members.