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
- 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 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. 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...
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. ...
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...
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...
'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 within the one-year eligibility period, former spouse coverage may not be established thereafter. Although their 13 Apr 94 divorce terminated the applicant’s eligibility as the spouse beneficiary, the member did not request her coverage be canceled and the SBP premiums continued to be deducted from his retired pay until his 31 Jul 98 death. Discussion: Although the decedent,made no election change during the required...
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. Thus, even though a member may not have notified the Defense Finance and Accounting Service (DFAS) of the divorce and continued to pay premiums for spouse coverage after the divorce, the former spouse is not eligible for annuity payments upon the member's death. Recommendation: Although there is no evidence of Air Force...
Public Law (PL) 92-425 (21 Sep 72) which established the SBP, did not provide authority to change from spouse to former spouse coverage following divorce, nor to suspend premium payments when the retiree no longer had an eligible beneficiary. PL 98-94 (24 Sep 83) permitted retirees to elect former spouse coverage within one year following the divorce. Recommendation: Although there is no evidence of Air Force error, we recommend that the member's record be corrected to reflect that on 1...