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
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...
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...
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. 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...
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 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...
*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.
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...
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. If the retiree does not request a change to former spouse coverage within a year, former spouse coverage may not be established thereafter. 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.