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AF | BCMR | CY1998 | 9800062
Original file (9800062.pdf) Auto-classification: Approved
DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

JUL  2 0  1998 

hFBCMR 98-00062 

MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR 
SUBJECT : 

Having carefully reviewed this application, we agree with 
the recommendation of the Air Staff 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. 
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. 

Therefore, 

Attachment: 
Ltr, AFPC/DPPTR, dtd 29 Jun 98 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

JUL  2 0  1998 

AFBCMR 98-00062 

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: 

tment of the Air 
be corrected to 
e Survivor 

overage," based on full retired pay, 
as the former spouse beneficiary. 

DONNA PITTENGER 
Chief Examl'ner 
Air Force Board for Correction 
of Military Records 

f 

D E P A R T M E N T  O F  T H E  AIR  FORCE 

HEADQUARTERS AIR  FORCE  PERSONNEL CENTER 

RANDOLPH AIR  FORCE BASE TEXAS 

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 

Reference: 

Reauested 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). 

Basis for Reauest:  The applicant claims he repeatedly requested the election form after 

the divorce, but did not receive it until after the time limit had pasted. 

.*e- 

Background:  A spouse’s eligibility as an SBP beneficiary terminates upon 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- 
Cleveland Center (DFAS-CL) of the divorce and continues to pay SBP premiums afterwards, 
the former spouse is not eligible for annuity payments upon the member’s death. 

‘8 

Facts:  The parties married on 8 Dec 73 and the applicant elected spouse and child 
coverage based on full retired pay prior to his 1 Feb 90 retirement.  The parties divorced on 
1 Feb 96 and the divorce was silent on the issue of the SBP.  The former spouse submitted 
paperwork to DFAS-CL for division of retired pay in compliance with the divorce decree, but the 
member did not submit an SBP election change.  The youngest child’s eligibility was terminated 
effective 1 Jul 97 due to age.  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. 

Discussion:  Even though the member did not make a valid election change, he 

continued to allow premiums to be deducted from his retired pay and there is no evidence he 
requested coverage for his former spouse be terminated, indicative of his intent to maintain 
coverage on her behalf.  It is reasonable to believe he would have submitted an election 
change during the required time had he been given the correct form when he first requested 
assistance. 

Recommendion:  Although there is no evidence of Air Force errc 
member's record be corrected to reflect that on 2 Feb 96 he elected to ch 
child coverage to former spouse coverage based on full retired pay, namin 

-.'e recomm  d the 
e and 

-as 

the former spouse beneficiary. Approval should be contingent upon recoupment 

of any applicable premiums. 

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



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