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AF | BCMR | CY1998 | 9703636
Original file (9703636.pdf) Auto-classification: Approved
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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Benefit Plan  (SBP), dated 27 August 1990, was withdrawn.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 : 

, -  

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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