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AF | BCMR | CY1998 | 9800271
Original file (9800271.pdf) Auto-classification: Approved
DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR 98-00271 

MEMORANDUM FOR THE CHIEF OF STAFF 

Under the authority of Section 1552, Title 10, United States 

Code and 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: 

The pertinen 
Force relating to 
corrected to show 
Benefit Plan (SBP) 
coverage based on 
former spouse beneficiary. 

the Air 
be 
s Survivor 
mer spouse 
as the 

- -  

*&2& 

Chief  xaminer 
Air Force Board for Correction 
of Military Records 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR 98-00271 

MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR 
SUBJECT : 

Having carefully reviewed this application, we agree with the 
recommendation of the Air Force Office of primary responsibility 
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. 
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, under the authority delegated in AFI 

Attachment: 
Ltr, HQ AFPC/DPPTR, dtd May 21, 1998, 
w/Atch 

D E P A R T M E N T  O F  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  78150-4713 

SUBJECT:  Application for Correction of Military Records 

Requested Correction:  The applicant, former spouse of the above-named retiree, is 
requesting corrective action that would entitle her to a Survivor Benefit Plan (SBP) annuity. 

Basis for Request:  The applicant claims a copy of the divorce decree was submitted to 

the finance center and was not aware other actions were required to change the member's 
record after their divorce. 

Backwound:  A spouse loses eligibility as a spouse beneficiary following 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 and applicant were married on 18 Aug 64 and he elected spouse 

only SBP coverage based on full retired pay prior to his I Aug 86 retirement.  The parties 
divorced on 17 Oct 86 and the member agreed to continue SBP coverage on the applicant's 
behalf; however, neither submitted a valid election to change the SBP coverage from spouse 
to former spouse.  Premiums for spouse coverage continued to be deducted from his retired 
pay and finance records erroneously listed the applicant as the eligible spouse beneficiary. 
The applicant has not remarried; however, the member married-n 
15 Dec 89, but did 
not request SBP coverage be established on her behalf.  The member died on 13 Oct 97. 

Discussion:  Even though the member did not request former spouse coverage be 
established, he didn't request SBP premiums be discontinued following their divorce, nor is 
there any evidence he requested the petitioner's coverage be terminated following his 
remarriage, all indicative of his inten 
Furthermore, the applicant reported 
remarried in Mar 98, prior to age 55.  To deny this request would be to deny the applicant an 
asset awarded to her by the court. 

ntain the applicant as the eligible SB 
nd the decedent divorced in Nov 96 

Recommendation: Although there is no evidence of Air Force error, to preclude a 

possible injustice, we recommend the member's record be corrected to reflect that on 
18 Oct 86 he elected t 
full retired pay, naming 
should be contingent upon recoupment of applicable premiums. 

pouse coverage to former spouse coverage based on 
as the eligible former spouse beneficiary.  Approval 

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



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