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AF | BCMR | CY1998 | 9703748
Original file (9703748.pdf) Auto-classification: Approved
DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR 97-03748 

SUBJECT : 

Having carefully reviewed this application, we agree with the 
recommendation of the Air Force office of primary responsibility 
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 of the Board or his designee. 

f 

Panel Chair 

Attachment: 
Ltr, HQ AFPC/DPPTR, dtd Apr 14, 1998, 
w/Atch 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

JUN  3 0  

Office of the Assistant Secretary 

AFBCMR 97-03748 

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: 

Department of the Air 
be corrected to show 
Force relating t 
that on 17 Nove 
rvivor Benefit Plan 
(SBP) election from spouse coverage to former spouse coverage 
based on reduced retired pay, n a m i n g w a s  the former 

spouse beneficiary.  &gi!!& 

Chief  xaminer 

- 

Air Force Board for Correction 
of Military Records 

DEPARTMENT O F  THE A I R   FORCE 

HEADQUARTERS AIR  FORCE PERSONNEL C E N T E R  

RANDOLPH AIR  FORCE  BASE TEXAS 

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPCDPPTR 

550 C Street West Ste 'I1 
Randolph AFB TX  78150-4713 

SUBJECT:  Application for Correction of Military Records 

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

filed a timely election for former spouse coverage under the Survivor Benefit Plan (SBP) to 
comply with his divorce decree. 

Basis for Request:  The applicant claims he was not familiar with the procedure he 

should have taken to change his election. 

Backaround:  A spouse loses eligibility as a spouse beneficiary following divorce. 

However, the law provides two mechanisms for changing spouse coverage 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 that the court ordered the member, to establish 
former spouse coverage.  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.  Even though a member fails to notify the Defense Finance and Accounting Service 
(DFAS) of the divorce and continues to pay SBP premiums afterwards, the former spouse is 
not eligible for annuity payments upon the member's death. 
- Facts: The member elected spouse only SBP coverage, reduced annuity, prior to his 
I Mar 73 retirement.  The parties divorced on 16 Nov 92 and the divorce decree required SBP 
coverage be continued; however, neither party submitted a valid election to change the 
coverage from spouse to former spouse within the required time limit.  The member remarried 
24 Nov 92 but did not request the SBP be established on his new wife's behalf.  SBP 
premiums continued to be deducted fFom his retired pay until May 97 when the DFAS - 
Cleveland Center (DFAS-CL) retroactively suspended coverage and issued the applicant a 
refund of premiums erroneously deducted following the divorce. 

Discussion:  Even though the member did not make a valid election change, there is no 

evidence he requested coverage for his former spouse be terminated or established for his 
new spouse following his remarriage, all indicative of his intent to maintain his former spouse 
as the eligible SBP beneficiary. The applicant is aware all refunded and retroactive SBP 
premiums will have to be recovered.  To deny this request would be to deny his former spouse 
an asset 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 refled that on 
e eligible former spouse f 
17 Nov 92 he elected to change SBP spouse coverage to former spouse coverage based on 
the previous reduced level of coverage, naming 
beneficiary.  Approval should be contingent upon recoupmen  of all applicable premiums. 

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

9703748 
- . . . . . . . . . 



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