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DEPARTMENT OF THE AIR FORCE
WASH I NGTO N , D.C.
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JUN 3 0 1998
Office of the Assistant Secretary
AFBCMR 97-03636
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 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:
rtment of the Air
be corrected to
a. On 30 January 1997, by mutual agreement of the
parties, the request for a deemed election under the Survivor
Benefit Plan (SBP), dated 27 August 1990, was withdrawn.
b. On 31 January 1997, he elected spouse
P, based on a reduced annuity, and his spous
concuLred in his decision.
DONNA PITTENGER "
Chief Examiner
Air Force Board for Correction
of Military Records
DEPARTMENT OF THE AIR FORCE
WASHINGTON, D.C.
JUN 3 0 '11998
Office of the Assistant Secretary
AFBCMR 97-03636
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
SUBJECT :
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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 or his designee.
'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 retired and his spouse only election is valid.
Basis for Request: The applicant claims his former spouse relinquished her
entitlement to the SBP.
Backaround: If a member, required by a court order or spousal agreement to
provide SBP coverage for a former spouse at retirement, fails or refuses to make an
election, the former spouse may request an election be deemed to have been made.
A valid request for a deemed election precludes the member from electing spouse
coverage.
Facts: The parties divorced 28 Aug 89 and the divorce decree required the
member to elect former spouse SBP coverage at retirement. The finance center
received a valid request for a deemed election on behalf of the former spouse on
27 Aug 90. In Oct 96, the parties agreed not to enforce the provisions of the divorce
decree requiring division of retirement pay. Prior to the member's 1 Feb 97 retirement
he elected reduced spouse only coverage which was initially established by the
Defense Finance and Accounting Service - Cleveland Center (DFAS-CL). In Aug 97,
however, his record was audited and former spouse coverage based on full retired pay
and a premium debt were retroactively established based upon the deemed election.
Subsequently, the former spouse submitted a notarized statement dated 25 Aug 97
relinquishing all claim to the SBP. In Dec 97 DFAS-CL erroneously deleted former
spouse coverage and retroactively reestablished reduced spouse coverage.
Discussion: Although the divorce decree required former spouse coverage to be
established, the former spousds notarized statement clearly attests she relinquished all
claim to the SBP, but failed to withdraw her request for a deemed election prior to the
member's retirement.
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 that by
mutual agreement of the parties prior to the member's retirement, they agreed they did
not want former spouse coverage established, but the former spouse failed to withdraw
her request for a deemed election. Contrary to their wishes, the deemed election went
into effect. The record should further be corrected to reflect the member elected
spouse only.coverage based upon a reduced level of retired pay effective 31 Jan 97.
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Mgmt
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9703636
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