DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 98-00268
MEMORANDUM FOR THE CHIEF OF STAFF
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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:
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reduced level of retired pay.
ords of the Department of the Air Force relating t
corrected to show that on 6 November 1995, he
o add child coverage to his spouse only coverage based upon a
DONNA PITTENGER
Chief Examiner
Air Force Board for Correction
of Military Records
U
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 98-00268
OUL 2 7 898
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
SUBJECT
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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. 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.
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Attachment:
Ltr, AFPClDPPTR, dtd 21 May 98
Panel Chair
D E P A R T M E N T OF THE A I R F O R C E
H E A D Q U A R T E R S AIR 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 AIR F O R C E B A S E T E X A S
MEMORANDUM FOR AFBCMR
FROM: HQ AFPCIDPPTR
550 C Street West Ste 11
Randolph AFB TX 78150-4713
SUBJECT: Application for Correction of Military Records
Reference:
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Requested Correction: The applicant is requesting corrective action that would allow
him to add a child acquired after he retired to his spouse only coverage under the Survivor
Benefit Plan (SBP).
Basis for Request: The applicant claims he mailed the request to enroll his son to the
Defense Finance and Accounting Service-Cleveland Center (DFAS-CL) within one year of the
date of adoption.
Backaround: A member, who does not have eligible children at retirement, may elect
coverage for a newly acquired child; however, the election must be filed within the first year
after gaining the child. Coverage is effective upon receipt of the election by DFAS-CL and
costs begin the first day of the month following the date the election is filed.
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Facts: The applicant elected spouse only SBP coverage, reduced annuity, prior to his
1 May 87 retirement. Records indicate he had no eligible children at that time, however, he
adopted a son, Cameron (born 27 Aug 93) on 6 Nov 95. DFAS-CL received a request for child
SBP coverage on 18 Nov 96, after the one-year time limit had expired.
Discussion: The Certificate of Birth (copy enclosed in file) clearly shows that it was not
issued until 22 Oct 96, almost a year after the adoption was finalized. It would be
inappropriate to penalize the member for something out of his co3trol. Additionally, his
repeated calls to DFAS-CL attempting to correct the record indicates his honest desire to
provide coverage for the child. It is appropriate that the member be given an opportunity to
select the SBP coverage he considers best for his family.
Recommendation: While there is no evidence of an Air Force error in this case, in the
interest of justice, we recommend the member's record be corrected to show that on 6 Nov 95,
he elected to add his child to his spouse only coverage based upon a reduced level of retired
pay. Approval should be contingent upon recoupment of any applicable premiums.
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate Pers Programs Mgmt
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...
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). A member who is unmarried at retirement may elect coverage for a newly acquired spouse; however, the election must be made before the first anniversary of the marriage. However, if the Board’s decision is to grant relief, the member‘s record should be corrected to reflect on 24 Mar 89 he elected to add his spouse to his child only...
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. ...
DEPARTMENT OF THE AIR FORCE WASHINGTON, D.C. Office of the Assistant Secretary AFBCMR 98-00647 1 24 JUL 1998 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 above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that: ary records of the Department of the Air Force relating to corrected to show that on...
f the Department of the Air Force relating to corrected to show that on 1 May 1992, he elected, , to add spouse coverage to his child coverage under h_l)r-n-..L DONNA PITTENGER Chief Examiner Air Force Board for Correction of Military Records '8. Basis for Request: The applicant claims his open enrollment application fell through the cracks during the transition of retired pay from- Background: A member, who is unmarried at retirement, may elect coverage for a newly acquired spouse;...
The member elected child only coverage based on full retired pay prior to his on 21 Oct 95 and sent the Defense Finance and 1 May 95 retirement. Because the member's divorce decree did not address the SBP, there was no requirement for him to elect former spouse coverage, but he could have done so voluntarily. It is our opinion that the 17 Apr 96 court order is not enforceable because it was issued after the member was already retired.
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...
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...
Both must be exercised within one year after 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 during the one-year eligibility period, former spouse coverage may not be established thereafter. Recommendation: Although there is no evidence of Air Force error, to preclude a possible injustice, we recommend the member's...
*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.