DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
L
JUL 2 7 l938
Office of the Assistant Secretary
AFBCMR 98-0036 1
MEMORANDUM FOR THE CHIEF OF STAFF
Under the authority of Section 1,552, 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:
s of the Department of the Air Force relating
ted to show that on 13 May 1987, he elected
eligible former spouse beneficiary, based on full retired pay.
erage from “spouse coverage” to “former spouse coverage,
DONNA PITTENGER
Chief Examiner
Air Force Board for Correction
of Military Records
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
4
Office of the Assistant Secretary
AFBCMR 98-00361
JUL a 7 lpss
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
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.
Attachment:
Ltr, AFPCDPP’TR, dtd 9 Jun 98
Panel Chair
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS AIR FORCE P E R S O N N E L CENTER
RANDOLPH AIR FORCE BASE TEXAS
MEMORANDUM FOR AFBCMR
FROM: HQ AFPCIDPPTR
550 C Street West Ste 11
Randolph AFB TX 781 50471 3
SUBJECT: Application for Correction of Military Records
Requested Correction: The applicant is requesting corrective action .J show he filed a
timely election to voluntarily change his Survivor Benefit Plan (SBP) coverage from spouse to
former spouse based on full retired pay following divorce.
Basis for Request: The applicant claims he sent a copy of the divorce decree to the
finance center and requested his former spouse was to continue as the designated beneficiary
of the SBP.
Backaround: 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. 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 parties married on 4 Dec 45. The member retired for disability effective
7 Nov 67 and elected full spouse coverage during the initial SBP open enrollment period
authorized by Public Law (PL) 92-425 (21 Sep 72 - 20 Mar 74). The parties divorced on
12 May 87, but the court order was silent on the issue of SBP. The applicant remarried on
23 May 87, but there is no evidence he requested SBP coverage be established on his new
wife's behalf. SBP premiums continued to be deducted from the applicant's retired pay and
his former spouse was erroneously listed as the eligible spouse beneficiary for over ten years
following their divorce. In Dec 97, Defense Finance and Accounting Service-Cleveland Center
(DFAS-CL) suspended spouse coverage and issued the member a premium refund
(approximately $8,700) retroactive to the date of divorce, but subject to the six-year statute of
limitations.
Discussion: Although the member made no election change during the required one-
year time limit following divorce, he did not request DFAS terminate his former spouse's
coverage, premiums continued to be deducted from his pay, and he took immediate action to
establish former spouse coverage after DFAS-CL advised him it was not in effect, all indicative
of his intent to maintain his former spouse as the eligible SBP beneficiary. The member
agrees to repay any premium debt.
Recommendation: Although there is no evidence of Air Force error, we recommend
that the member's record be corrected to reflect that on 13 May 87 he elected t
coverage to former spouse coverage based on full retired pay, naming
as the eligible former spouse beneficiary. Approval should be conting
recoupment of all applicable premiums.
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Management
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 | CY2013 | BC 2013 05614
There is no evidence of Air Force error in this case and absent a competing claimant, DPFFF recommends the decedents record be corrected to reflect that on 1 Jul 87, he elected to change RCSBP spouse to former spouse coverage based on full retired pay, naming the applicant as the eligible beneficiary. SBP premiums were deducted from the decedents retired pay until his 28 Jun 11 death. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to...
*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.
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 former spouse requests the election change within the one-year eligibility period, former spouse coverage may not be established thereafter. Even though SBP premiums continue to be deducted from the member’s retired pay following divorce, the former spouse is not entitled to receive the annuity in the event of the member’s death. Discussion: Even though the member did not make a valid former spouse election change, there is no evidence he requested coverage for...
- Facts: The member and former spouse were married on 25 Sep 58 and the member elected spouse and child coverage, maximum annuity, prior to his I Feb 73 retirement, The parties divorced on 3 Jun 96 and although the divorce decree required SBP coverage for his former spouse be continued, neither she nor the applicant submitted a valid election change during the required time limit. ~ Discussion: The applicant made no election change during the required time limit and there is no record he...
However, the law provides two mechanisms for changing spouse to former spouse coverage. If neither the member nor former spouse requests the election change within the one-year eligibility period, former spouse coverage may not be established thereafter. Discussion: Even though the member did not make a valid former spouse election change, there is no evidence he requested coverage for her be terminated.
tment of the Air , be corrected to ge his Survivor - use coveragelf to Itformer spouse s beneficiary, based on reduced Caef E x a b r Air Force Board for Correction of Military Records DEPARTMENT O F THE A I R FORCE HEADQUARTERS AIR FORCE PERSONNEL CENTER RANDOLPH AIR FORCE BASE TEXAS MEMOWNDUM 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 Requested Correction: The applicant, son of the above-named...
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:...
'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...