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AF | BCMR | CY1998 | 9703628
Original file (9703628.pdf) Auto-classification: Approved
DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

3UN 1 2  1398 

Office of the Assistant Secretary 

AFBCMR 9 7 - 0 3 6 2 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: 

The pertinen 
Force relating to 
show that on 4 Jun 

ment of the Air 
be corrected to 
vivor Benefit 
e his coverage from llspouse and child coveragell to 
e coverage,lI based on full retired pay, and naming 
as the former spouse beneficiary. 

LQM e f l -  
DONNA PITTENGER 
Chief Examiner 
Air Force Board for Correction 
of Military Records 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

JUN  1 2  3998 

Office of the Assistant Secretary 

AFBCMR 9 7 - 0 3 6 2 8  

MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR 
SUBJECT : 

Having carefully reviewed this application, we agree with the 
recommendation of the Air Staff 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 set forth in the accompanying Memorandum for the 
Chief of Staff signed by the Executive Director of the Board or 
his designee. 

Attachment: 
Ltr, AFPC/DPPTR, dtd 2  Apr 98 

DEPARTMENT O F  THE A I R   FORCE 

HEADQUARTERS AIR  FORCE PERSONNEL  CENTER 

RANDOLPH  AIR  FORCE  BASE TEXAS 

MEMORANDUM FOR AFBCMR 
FROM: HQ AFPCIDPPTR 

550 C Street West Ste 11 
Randolph AFB TX  783 50-471 3 

SUBJECT:  Application for Correction of Military Records 

Requested Correction:  The applicant is requesting corrective action to show he 

filed a timely election for former spouse coverage under the Survivor Benefit Plan 
(SBP). 

Basis for Request:  The applicant claims it was never his intent to deny his 

former spouse anything to which she was entitled. 

Backnround:  A spouse's eligibility as an S8P beneficiary terminates upon 

divorce.  However, the law provides two mechanisms for changing spouse to former 
spouse coverage.  Both must be exercised within the first year following 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 the latter case, the 
former spouse must provide legal documentation that the member agreed, or the court 
ordered the member, to establish former spouse coverage.  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 and the former spouse is 
not eligible for annuity payments upon the member's death. 

- 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. 
His youngest child lost eligibility effective 1 Jul 96.  Neither party remarried. 
Spouse premiums erroneously continued to be deducted from the member's 
retired pay until the Defense Finance and Accounting Service - Cleveland 
Center (DFAS-CL) audited the record, suspended spouse premiums in Oct 97, 
and issued the member a refund of premiums deducted after their divorce. 

9703628 
. . -  . . - -  - -  . . 

~ 

Discussion: The applicant made no election change during the required time 
limit and there is no record he requested coverage for his former spouse be terminated, 
evidence of his intent to maintain her as the eligible SBP beneficiary.  To deny the 
request would be to deny the former spouse an asset that was awarded to her by the 
court. 

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

a possible injustice, we recommend the member's record be corrected to reflect on 
4 Jun 96 he elected to change SBP spouse and child coverage to former spouse 
the former spouse 
coverage based on full retired pay, nami- 
beneficiary.  Approval should be contingent upon recoupment of  all applicable 
premiums. 

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

9703628 
. . -  . . . . . - -  . - 



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