DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 98-00173
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 f o r Correction of Military
Records is announced, and it is directed that:
The pertinent military records of the Depart
.ment of the Air
be corrected to
i
s Survivor
rageii to Ifformer
iciary, based’on
Force relating to
show that on 2 0 M
a
Benefit Plan election f
spouse coveragei1 naming
full retired pay.
M
h
I
ild cove
as benef
Ch’ief Examiner
Air Force Board for Correction
of Military Records
*
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
OfFtce of the Assistant Secretary
AFBCMR 98-00173
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
SUBJECT :
Having carefully reviewed this application, we agree with
the recommendation of the Air Force 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 3 6 - 2 6 0 3 , 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 21 May 98
Panel Cha
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 A I R F O R C E P E R S O N N E L C E N T E R
R A N D O L P H A I R 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
Reference:
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 and child to
former spouse based on full retired pay.
Basis for Request: The applicant claims the decedent kept paying premiums
until his death because he believed she would receive the annuity.
Backaround: A spouse’s eligibility to receive an annuity 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. 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.
Facts: The member retired on 1 Jul 72, and elected spouse and child SBP
coverage based on full retired pay during the SBP’s initial open enrollment period
(effective 21 Sep 72). Records indicate spouse coverage was suspended Oct 76 due
to divorce. The member and applicant married on 5 Aug 78; however, the finance
center did not become aware of the marriage until Mar 89 when spouse costs and
coverage were reinstated and a cost debt calculated. The General Accounting Office
(GAO) approved a request for a waiver of the premium debt in Jun 89. The parties
divorced 19 May 97 and the court order was silent on the matter of the SBP. The
youngest child lost eligibility effective I Jul 97 and the child portion of the premiums
s -
was suspended. Neither the member or the petitioner remarried and SBP premiums
continued to be deducted from the member’s retired pay until his 6 Nov 97 death.
Discussion: Although the divorce decree was silent on the matter of SBP, there
is no evidence that the member requested the applicant’s coverage be terminated,
indicative of his intent to maintain her 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
that on 20 May 97, he elected to change SBP spouse and child coverage to former
s the former
spouse coverage based on full retired pay, namin
spouse beneficiary. Approval should be contingent upon recoupment of any applicable
premiums.
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Mgt
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. ...
Even though SBP premiums continue to be deducted from retired pay following divorce, the former spouse is not entitled to receive the annuity in the event of the member‘s death. Facts: The member elected reduced spouse only SBP coverage, reduced annuity, prior to his I May 77 retirement. PAT PEEK, DAFC Chief, Retiree Services Branch Directorate of Pers Program Mgmt DEPARTMENT OF THE AIR FORCE WASHINGTON, DC Office of the Assistant Secretary AFBCMR 98-01590 SEP 3 0 MEMORANDUM FOR THE CHIEF...
*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.
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...
'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. 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...
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. 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...
If neither the member nor former spouse requests the efection change during the one-year eligibility period, former spouse coverage may not be established thereafter. Even though a member fails to notify Defense Finance and Accounting Service (DFAS) of the divorce and continues to pay SBP premiums afterwards, the former spouse is not eligible for an annuity upon the member's death. Discussion: Although the applicant made no election change during the required time limit, there is no...
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 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...