DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 97-0375 1
3uL 3 1 1998
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
SUBJECT:
ssm:-
Having carefully reviewed this application, we agree with the recommendation of the Air
Force Evaluation 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.
*
r
Panel Chair
Attachment:
Ltr, HQ AFPCDPPTR, dtd 4 May 98
DEPARTMENT OF THE AIR FORCE
WASHINGTON, D.C.
Office of the Assistant Secretary
AF'BCMR 97-0375 1
a31 m$
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:
of the Department of the Air Force relating to
e corrected to show that on 3 March 1990, he
his coverage from llspouse coverage" to
former spouse beneficiary, based on a
d effective 1 May 1990, following her
DONNA PITTENGER
Chief Examiner
Air Force Board for Correction
of Military Records
4
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 F O R C E P E R S O N N E L CENTER
R A N D O L P H AIR F O R C E B A S E T E X A S
MEMORANDUM FOR AFBCMR
FROM: HQ AFPC/DPPTR
550 C Street West Ste 11
Randolph AFB TX 781 50-471 3
SUBJECT: Application for Correction of Military Records
Requested Correction: The applicant, former spouse of the above-named
retired member, is requesting corrective action to show that he filed a timely election to
voluntarily change his Survivor Benefit Plan (SBP) coverage from spouse to former
spouse following his divorce.
Basis for Request: The applicant claims the member paid SBP premiums for
years after their divorce proving he intended for her to receive the annuity.
Backaround:
a. 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, however, the court
is silent on the matter of SBP and there is no written agreement, the member can
submit a voluntary election, but there is no provision by which the former spouse can
request adeemed election. If the member does not elect former spouse coverage
during the one-year eligibility period, 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.
b. Former spouse SBP coverage is suspended if the former spouse remarries
before age 55. Costs cease effective the first day of the month after the month of
remarriage. However, eligibility and premiums are reinstated effective the first day of
the month after the date the former spouse’s remarriage terminates. If the member dies
970375 ’
while the former spouse is ineligible, entitlement would be re-instated in the event the
disqualifying marriage subsequently ends.
Facts: The member and applicant were married on 31 May 57 and he elected
spouse only SBP coverage based on a reduced level of retired pay prior to his
I Aug 81 retirement. The parties divorced on 2 Mar 90 and the applicant remarried on
5 Apr 90, prior to her 55th birthday (date of birth: 27 May 40). There is no evidence the
member notified the Defense Finance and Accounting Service (DFAS) of the divorce
and SBP premiums continued to be deducted until his death on 9 Oct 97.
'
Discussion: Although the member did not submit a valid election to voluntarily
change from spouse to former spouse coverage within the first year following divorce,
there is no evidence that he requested coverage be terminated and continued to pay
SBP premiums, indicative of his intent to maintain the applicant as the eligible SBP
beneficiary .
Recommendation: Although there is no evidence of Air Force error, to preclude
a possible injustice, we recommend that the member's record be corrected to reflect on
3 Mar 90, he elected to change SBP spouse coverage to former spouse coverage
s the former spouse
based on a reduced level of retired pay, naming
beneficiary and that coverage was suspended effective 1 May 90 following her
remarriage.
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Mgt .
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...
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 parties divorced on 17 Oct 86 and the member agreed to continue SBP coverage on the applicant's behalf; however, neither submitted a valid election to change the SBP coverage from spouse to former spouse. Premiums for spouse coverage continued to be deducted from his retired pay and finance records erroneously listed...
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. Eligibility and premiums are reinstated effective the first day of the month after the date the former spouse's remarriage terminates. Discussion: Although the member made no election change during the required one- year time limit following divorce, there is no evidence that he requested DFAS terminate his former...
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: 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. Recommendation:...
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. Premiums continue to be deducted from his retired pay erroneously listing the former spouse as the eligible spouse beneficiary. e to former spouse coverage the former spouse beneficiary, PAT PEEK, DAFC Chief, Retiree Services Branch Directorate of Pers Program Mgmt 7 / DEPARTMENT OF THE AIR FORCE WASHINGTON, DC Office of...
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. 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...
*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.
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. ...
No objection would be offered to a correction submitted an election changing coverage new spouse within the time frame Technical Branch Retired Pay Operations I *- U I-- D E P A R T M E N T OF T H E A I R F O R C E 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 T E X A S MEMORANDUM FOR AFBCMR FROM: HQ AFPWDPPTR 550 C Street West Ste 11 Randolph AFB TX 78150-471 3 SUBJECT: Application for Correction of Military Records Reference: f Requested...