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DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 97-03766
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5
JUN 3 0 1998
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:
The pertinen
nt of the Air
, be corrected
Force relating to
to show that, on 31 August 1996, he elected Survivor Benefit Plan
(SBP) spouse and child coverage based on $421.00 and his spouse
concurred in the election. *fl*
Chief xaminer
- Air Force Board f o r Correction
of Military Records
DEPARTMENT OF THE AIR FORCE .
WASHINGTON, DC
,/.
JUN 3 0 I998
Office of the Assistant Secretary
AFBCMR 9 7 - 0 3 7 6 6
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
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.
V
Panel Chair
Attachment:
Ltr, HQ AFPC/DPPTR, dtd A p r 20, 1998,
w/Atchs
DEPARTMENT O F THE A I R FORCE
H E A D Q U A R T E R S AIR F O R C E PERSONNEL CENTER
RANDOLPH AIR FORCE BASE T E X A S
MEMORANDUM FOR AFBCMR
FROM: HQ AFPC/DPPTR
550 C St West Ste 7 1
Randolph AFB TX 778150-4713
SUBJECT: Application for Correction of Military Records
Requested Correction: The applicant is requesting corrective action that would permit
him to reduce his spouse and child coverage under the Survivor Benefit Plan (SBP).
Basis for Reguest: The member claims a mistake was made on his SBP election form
during his retirement processing.
Backnround: When a member fails to make a valid SBP election prior to retirement,
full coverage is established by operation of law.
Facts: The applicant and his wife were briefed on the options and effects of the SBP
at Fairchild AFI3 WA prior to his I Sep 96 retirement. However, the member failed to indicate
he wanted spouse and child coverage and only checked the block on the form to show
reduced coverage. Although his wife concurred in the election, the absence of the beneficiary
category on the DD Form 2656, Data For Payment of Retired Personnel, invalidated the
election. Therefore, the Defense Finance and Accounting Service - Cleveland Center (DFAS-
CL) established full spouse and child coverage to comply with the law.
Discussion: There is no record that the petitioner attempted to seek correction for
over 14 months. Had we received a timely request to correct the omission of the beneficiary
category, we could have administratively corrected the election using our authority under
Title I O USC Section 1454. Nevertheless, it would be inappropriate to penalize him because
of an oversight. The applicant has included a notarized statement signed by his wife,
concumng in his request to decrease the SBP base amount.
Recommendation: We recommend that the member's record be corrected to reflect
that on 31 Aug 96 he elected spouse and child SBP coverage based on $421. The approval
memorandum should indicate the member's wife concurred with his election.
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Management
In fact, the item was the spouse notification letter sent by the SBP counselor to inform his wife of the options and effects of the SBP and to advise her that her concurrence was required in any election other than full spouse coverage. Basis for Request: The applicant claims he received an incorrect SBP briefing and the child SBP premiums are four times more than he was briefed. v 8 b. Unmarried children normally remain eligible beneficiaries until they reach age 18, or age 22 if...
MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1 5 5 2 , Title 10, United States Code, Air Force Instruction 3 6 - 2 6 0 3 , 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: rtment of the Air The pertinen , be corrected to Force relating to show that on 4 O c ange his Survivor Benefit Plan election from “child coverage” to “spouse and...
PAT PEEK, DAFC Chief, Retiree Services Branch Directorate of Pers Program Mgmt 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 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 TEXAS MEMORANDUM FOR AFBCMR FROM: HQ AFPC/DPPTR 550 C Street West Ste 11 Randolph AFB TX 78150-4713 SUBJECT: Application for Cortection of Military Records Requested Correction: The applicant, former spouse of the above-named retired member, is requesting corrective action...
*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.
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. 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. There is no evidence the decedent nor the applicant took the required action to change the coverage, and SBP premiums...
D.C. Office of the Assistant Secretary AFBCMR 97-03 595 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 abive regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that: of the Air Force relating to to show that on 13 May 1996, he Benefit Plan, based on a reduced curred in his election DONNA...
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. ...
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). However, Public Law (PL) 105-85 (effective 17 May 1998) provides an opportunity for retirees to terminate participation in the SBP beginning on the second anniversary of their receipt of retired Pay - For further information, applicant should contact the Retiree Services Branch (AFPC/DPPTR) at 1-800-531-7502. Backaround: When the...
- 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...
Attachment: Ltr, AFPC/DPPTR, dtd 2 Jun 98 DEPARTMENT OF THE AIR FORCE WASHINGTON, DC OfFice of the Assistant Secretary AFBCMR 98-00375 JUL 2-0 1998 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: The pertinen Force relating...