AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
DOCKET NUMBER: 97-03771'
COUNSEL: None
HEARING DESIRED: No
D S
Applicant requests his Survivor Benefit Plan (SBP) coverage be
terminated. Applicant's submission is at Exhibit A.
The appropriate Air Force office evaluated applicant's request
and provided an advisory opinion to the Board recommending the
application be denied (Exhibit C). The advisory opinion was
forwarded to the applicant for review and response (Exhibit D).
As of this date, no response has been received by this office.
After careful consideration of applicant's request and the
available evidence of record, we find insufficient evidence of
error or injustice to warrant corrective action. The facts and
opinions stated in the advisory opinion appear to be based on the
evidence of record and have not been rebutted by applicant.
Absent persuasive evidence applicant was denied rights to which
entitled, appropriate regulations were not followed, or
appropriate standards were not applied, we find no basis to
disturb the existing record. Accordingly, applicant's request is
denied.
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.
The Board staff is directed to inform applicant of this decision.
Applicant should also be informed that this decision is final and
will only be reconsidered upon the presentation of new relevant
evidence which was not reasonably available at the time the
application was filed.
Members of the Board Mr. Henry C. Saunders, Mrs. Barbara A.
Westgate, and Ms. Ann Heidig considered this application on
27 October 1998 in accordance with the
Instruction 36-2603, and the governing
Exhibits :
A. Applicant's DD Form 149
B. Available Master Personnel Records
C. Advisory Opinion
D. AFBCMR Ltr Forwarding Advisory Opinion
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 T E X A S
MEMORANDUM FOR AFBCMR
FROM: HQ AFPC/DPPTR
550 C Street West Ste 11
Randolph AFB TX 78150-4713
SUBJECT: Application for Correction of Military Records
Reference:
Requested Correction: The applicant is requesting corrective action that would permit
him to terminate spouse only Survivor Benefit Plan (SBP) coverage. The member has
provided a statement, signed by his wife in which she concurs in his request.
Basis for Request: The member claims he was in transition and was unable to make
an election prior to his retirement.
Backaround: When the Defense Finance and Accounting Service - Cleveland Center
(DFAS-CL) fails to receive a valid SBP election prior to a member's retirement, coverage is
established for all eligible beneficiaries by operation of law.
Facts: The member was married and had eligible children when he retired from
Charleston AFB SC effective 1 Jul 96. DFAS-CL did not receive documents necessary to
properly establish his retired pay account (including an SBP election form); therefore, spouse
and child coverage based on full retired pay was established to comply with the law.
Discussion: The member gives no reason why he waited for over 18 months to request
correction of his record. His SBP coverage was established by DFAS-CL in compliance with
the law, but could have been corrected administratively at the time of the alleged error had he
made a timely inquiry and provided evidence of error. To provide relief now, based on the
evidence submitted, would provide the applicant an opportunity not afforded other retirees and
is not justified. However, Public Law 105-85 (18 Nov 97) will provide the applicant a one-year
window beginning on the 25Ih month of retirement ( I Jul 98) to terminate all SBP participation.
Recommendation: There is no evidence of error or injustice on the part of the Air
Force; therefore, we recommend that this request be denied. However, if the Board's decision
is to grant relief, the member's record should be corrected to show on 30 Jun 96 he declined to
participate in the SBP and his wife concurred in the election.
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Mgmt
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...
*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 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...
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...
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...
However, the law provides two mechanisms for changing spouse to former spouse coverage. 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. Discussion: Even though the member did not make a valid former spouse election change, there is no evidence he requested coverage for her be terminated.
Backwound: When a member fails to complete a valid SBP election prior to retirement, coverage is established for all eligible beneficiary(ies) by operation of law. Discussion: The record indicates the member signed the election form prior to his retirement date, but spouse concurrence was not obtained until after retirement. Recommendation: We recommend the member's record be corrected to show on 30 Apr 97 he declined SBP coverage and his wife concurred in his election.
STATEMENT OF FACTS: The Air Force indicated the applicant elected reduced spouse and child coverage The SBP counselor at d o ; F B , Nevada, provided verification that the applicant‘s wife did not attend the 4 Sep 96 SBP pre-retirement briefing. There is no evidence of error or injustice in this case and DPPTR recommends the requested relief be denied. The following members of the Board considered this application in Executive Session on 21 May 98, under the provisions of Air...
'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...
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...