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
- . . . . . . . . .
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...
Both must be exercised within one year after 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 during the one-year eligibility period, former spouse coverage may not be established thereafter. Recommendation: Although there is no evidence of Air Force error, to preclude a possible injustice, we recommend the member's...
- 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. ~ Discussion: The applicant made no election change during the required time limit and there is no record he...
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. Even though SBP premiums continue to be deducted from the member’s retired pay following divorce, the former spouse is not entitled to receive the annuity in the event of the member’s death. Discussion: Even though the member did not make a valid former spouse election change, there is no evidence he requested coverage for...
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 time limit, he did not request coverage for his former spouse be terminated and SBP premiums continued to be deducted from his retired pay, all indicative of his intent to maintain her as the eligible SBP beneficiary. Recommendation: Although...
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. The member 97031 82 remarried 21 Jul90. Recommendation: Although there is no evidence of Air Force error, to preclude a possible injustice, we recommend partial relief: the member's record should be corrected to reflect that on 28 Jun 88 he elected to change SBP spouse and child -vera e to former spouse and child coverage...
AF | BCMR | CY2007 | BC 2007 03737
Even though the SBP was not addressed in the divorce decree, the member could have elected former spouse coverage voluntarily within the first year following the divorce, but failed to do so. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error...
*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.
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...
'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...