Search Decisions

Decision Text

AF | BCMR | CY1998 | 9800351
Original file (9800351.pdf) Auto-classification: Approved
DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

JUL  2 0  SI6 

AFBCMR 98-00351 

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.  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. 

Attachment: 
Ltr, AFPC/DPPTR, dtd 2 Jun 98 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR 98-00351 

JUL  2 0  t386 

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: 

ent of the Air 
The pertine 
e corrected to 
Force relating t 
e Survivor 
show that on 24 
Benefit Plan to change his coverage from I1spouse coveragell to 

- erage," based on  full retired pay, and naming 
as the eligible former spouse beneficiary, and 
age was suspended effective 1 March 1996 

following her remarriage. 

DONNA PITTENGER 
Chief Examher 
Air Force Board for Correction 
of Military Records 

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  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 

Requested Correction:  The applicant is requesting corrective action to show he filed 
a timely election for former spouse coverage under the Survivor Benefit Plan (SBP) to comply 
with his divorce decree and to suspend coverage effective the date of his former spouse's 
remarriage. 

Basis for Request:  The applicant claims he was unaware of the requirement to change 

the SBP beneficiary from spouse to former spouse. 

Backn rou nd: 

a.  A spouse beneficiary loses eligibility to receive an annuity 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.  Even though a member fails to notify the Defense Finance and Accounting Service 
(DFAS) of the divorce and continues to pay SBP premiums afterwards, the former spouse is 
not eligible for annuity payments upon the member's death. 

b.  Court-ordered former spouse coverage may be terminated if the member obtains an 

amended court order that removes the requirement to provide former spouse coverage in 
order to provide coverage for a spouse.  Former spouse coverage is suspended if the former 
spouse remarries before age 55, and costs cease effective the first day of the month after the 
month of remarriage.  Eligibility and premiums are reinstated effective the first day of the 
month after the date the former spouse's remarriage terminates.  If the member dies while the 
former spouse is ineligible, entitlement is reinstated in the event the disqualifying marriage 
subsequently terminates. 

Facts:  The member was married and elected spouse coverage, maximum annuity, 

prior to his 1 Feb 93 retirement.  The parties divorced 23 Sep 94 and the divorce decree 
required SBP coverage be continued; however, neither the applicant nor his former spouse 

Y 

submitted a valid election change during the required time limit.  The applicant has not 
remarried; however,the  former spouse remarried on 11 Feb 96 (prior to attaining age 55). 

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 spouse’s coverage.  To deny the applicant’s request for former spouse coverage would 
be to deny his former spouse an asset awarded her by the court 

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 
24 Sep 94 he electe 
full retired pay, namin 
spouse coverage wa 

use coverage to former spouse coverage based on 
as the eligible former spouse beneficiary, and former 
e 1 Mar 96 following her remarriage. 

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

1 



Similar Decisions

  • AF | BCMR | CY1998 | 9800271

    Original file (9800271.pdf) Auto-classification: Approved

    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 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...

  • AF | BCMR | CY1998 | 9703182

    Original file (9703182.pdf) Auto-classification: Approved

    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...

  • AF | BCMR | CY1998 | 9801671

    Original file (9801671.pdf) Auto-classification: Approved

    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...

  • AF | BCMR | CY1998 | 9703751

    Original file (9703751.pdf) Auto-classification: Approved

    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...

  • AF | BCMR | CY1999 | 9702587

    Original file (9702587.pdf) Auto-classification: Approved

    No objection would be offered to a correction submitted an election changing coverage new spouse within the time frame Technical Branch Retired Pay Operations I *- U I-- 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 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 T E X A S MEMORANDUM FOR AFBCMR FROM: HQ AFPWDPPTR 550 C Street West Ste 11 Randolph AFB TX 78150-471 3 SUBJECT: Application for Correction of Military Records Reference: f Requested...

  • AF | BCMR | CY1998 | 9801371

    Original file (9801371.pdf) Auto-classification: Approved

    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...

  • AF | BCMR | CY1998 | 9801403

    Original file (9801403.pdf) Auto-classification: Approved

    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...

  • AF | BCMR | CY1998 | 9801422

    Original file (9801422.pdf) Auto-classification: Approved

    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...

  • AF | BCMR | CY1998 | 9703748

    Original file (9703748.pdf) Auto-classification: Approved

    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: Even though the member did not make a valid election change, there is no evidence he requested coverage for his former spouse be terminated or established for his new spouse following his remarriage, all indicative of his intent to maintain his former spouse as the eligible SBP beneficiary. Recommendation:...

  • AF | BCMR | CY1998 | 9800173

    Original file (9800173.pdf) Auto-classification: Approved

    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...