DEPARTMENT OF THE AIR FORCE
WASH I NGTON. D.C.
Office of the Assistant Secretary
AFBCMR 97-03 595
MEMORANDUM FOR THE CHIEF OF STAFF
Under the authority of Section 1552, Title 10, United States Code and AFI 36-
2603, and having assured compliance with the provisions of the abive regulation, the
decision of the Air Force Board for Correction of Military Records is announced, and it is
directed that:
of the Air Force relating to
to show that on 13 May 1996, he
Benefit Plan, based on a reduced
curred in his election
DONNA PITTENGER
Chief Examiner
Air Force Board for Correction
of Military Records
DEPARTMENT OF THE AIR FORCE
WASHINGTON, D.C.
Office of the Assistant Secretary
AFBCMR 97-03595
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
Having carehlly reviewed this application, we agree with t3e 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 or his designee.
f
P ne1 Chair
Attachment
Ltr, AFPCDPPTR dtd 3 1 Jul98
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 A I R FORCE P E R S O N N E L C E N T E R
R A N D O L P H A I R FORCE 8 A S E T E X A S
MEMORANDUM FOR AFBCMR
FROM: HQ AFPC/DPPTR
550 C St West Ste 11
Randolph AFB TX 7781 50-471 3
SUBJECT: Application for Correction of Military Records
/
Reference:
Requested Correction: The applicant is requesting cor5ective action that would permit
him to reduce his spouse and child coverage under the Survivor Benefit Plan (SBP).
Basis for Request: The member claims that the Defense Finance and Accounting
Service - Cleveland Center (DFAS-CL) misplaced his SBP election and established full SBP
coverage instead of the reduced coverage he selected.
Background: The law controlling the SBP requires full coverage to be established
when a member fails to make a valid SBP election prior to retirement.
Facts: The applicant was placed on the Temporary Disability Retired List (TDRL)
effective 14 May 96. The DD Form 2656, Data for Payment of Retired Personnel, on file at
DFAS-CL does not contain the SBP election. Absent a valid SBP election, the DFAS-CL
established full spouse and child coverage to comply with the law.
Discussion: Although we cannot determine what level of coverage the member
elected at the time of retirement, it would be inappropriate to penalize him because of an
administrative error. The applicant has included a notarized statement signed by his wife,
concurring in his request to decrease the SBP base amount.
Recommendation: We recommend that the member's record be corrected to reflect
that on 13 May 96 he elected reduced spouse and child SBP coverage based on $884. The
approval memorandum should indicate the member's wife concurred with his election.
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Management
DEPARTMENT OF THE AIR FORCE WASHINGTON, DC Office of the Assistant Secretary AFBCMR 98-00268 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: - reduced level of retired pay. --- Attachment: Ltr, AFPClDPPTR, dtd 21 May...
The member elected child only coverage based on full retired pay prior to his on 21 Oct 95 and sent the Defense Finance and 1 May 95 retirement. Because the member's divorce decree did not address the SBP, there was no requirement for him to elect former spouse coverage, but he could have done so voluntarily. It is our opinion that the 17 Apr 96 court order is not enforceable because it was issued after the member was already retired.
, 5 JUN 3 0 1998 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 nt of the Air , be corrected Force relating to to show that, on 31 August 1996, he elected Survivor Benefit Plan (SBP) spouse and child coverage...
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). However, Public Law (PL) 105-85 (effective 17 May 1998) provides an opportunity for retirees to terminate participation in the SBP beginning on the second anniversary of their receipt of retired Pay - For further information, applicant should contact the Retiree Services Branch (AFPC/DPPTR) at 1-800-531-7502. Backaround: When the...
MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1 5 5 2 , Title 10, United States Code, Air Force Instruction 3 6 - 2 6 0 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: rtment of the Air The pertinen , be corrected to Force relating to show that on 4 O c ange his Survivor Benefit Plan election from “child coverage” to “spouse and...
'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. ...
*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.
'Panel Chair Attachment Ltr, AFPC/DPPTR, dtd 3 1 Mar 98 DEPARTMENT O F THE A I R FORCE HEADQUARTERS AIR FORCE PERSONNEL CENTER R A N D O L P H AIR FORCE BASE TEXAS MEMORANDUM FOR AFBCMR FROM: HQ AFPCIDPPTR 550 C Street West St0 1 I Randolph AFB TX 781 50-471 3 SUBJECT: Application for Correction of Military Records Requested Correction: The applicant is requesting corrective action to show he was not required to elect former spouse coverage under the Survivor Benefit Plan (SBP) when he...
No objection would be offered to a correction submitted an election changing coverage new spouse within the time frame Technical Branch Retired Pay Operations I *- U I-- D E P A R T M E N T OF T H E A I R F O R C E 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 T E X A S MEMORANDUM FOR AFBCMR FROM: HQ AFPWDPPTR 550 C Street West Ste 11 Randolph AFB TX 78150-471 3 SUBJECT: Application for Correction of Military Records Reference: f Requested...