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
. . - . . . . . - - . -
*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.
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. If neither the member nor former spouse requests the election change within the one-year eligibility period, former spouse coverage may not be established thereafter. There is no evidence the decedent nor the applicant took the required action to change the coverage, and SBP premiums...
'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 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. Discussion: Although the applicant made no election change during the required time limit, there is no...
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. ...
Public Law (PL) 92-425 (21 Sep 72) which established the SBP, did not provide authority to change from spouse to former spouse coverage following divorce, nor to suspend premium payments when the retiree no longer had an eligible beneficiary. PL 98-94 (24 Sep 83) permitted retirees to elect former spouse coverage within one year following the divorce. Recommendation: Although there is no evidence of Air Force error, we recommend that the member's record be corrected to reflect that on 1...
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...
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. 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. Recommendation: Although there is no evidence of Air Force error, to preclude a possible injustice, we recommend that the...
C. Office of the Assistant Secretary AFBCMR 96-03563 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 to- rrected to show that on 26 January 1996, he elected unaer the his...
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 one- year time limit following divorce, he did not request DFAS terminate his former spouse's coverage, premiums continued to be deducted from his pay, and he took immediate action to establish former spouse coverage after DFAS-CL advised him it...