Office of the Assistant Secretary
JUL 2 0 Wl
AFBCMR 98-00375
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
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 98-00375
JUL 2-0 1998
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:
The pertinen
Force relating to
show that on 30 S
Benefit Plan forme;
retired pay, naming
rtment of the Air
be corrected to
the Survivor
coverage based on full
s beneficiary.
DONNA PITTENGER
Chief Examiner
Air Force Board for Correction
of Military Records
-3.
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 A I R 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
P 2 JCK
‘,?’?
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:
Requested Correction: The applicant is requesting corrective action to show he
elected former spouse coverage based on full retired pay under the Survivor Benefit
Plan (SBP) to comply with the court order.
Basis for Request: The applicant claims he was under the impression that
because the divorce decree ordered former spouse SBP his former spouse was
automatically enrolled.
Backwound: A spouse’s eligibility to receive an annuity terminates upon
divorce. However the law provides two mechanisms for changing spouse 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 the court
ordered the member, to establish 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.
Facts: The member and former spouse were married on 1 Oct 76 and divorced
on 28 Oct 94. The divorce decree incorporated a provision contained in the separation
agreement that the retiree name his former spouse as the beneficiary of his SBP.
However, the member retired effective 1 Oct 96 and elected child only coverage, rather
than former spouse based on full retired pay.
Discussion: Even though the member failed to make a former spouse election at
the time of retirement, to deny this request would be do deny his former spouse an
asset awarded to 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 on
. \.
.
recoupment of any applicable premiums.
er spouse and child coverage based on full retired pay,
s beneficiary. Approval should be contingent upon
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Mgt
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.
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...
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...
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. Thus, even though a member may not have notified the Defense Finance and Accounting Service (DFAS) of the divorce and continued to pay premiums for spouse coverage after the divorce, the former spouse is not eligible for annuity payments upon the member's death. Recommendation: Although there is no evidence of Air Force...
If neither the member nor the former spouse requests the election change within the one-year eligibility period, former spouse coverage may not be established thereafter. Although their 13 Apr 94 divorce terminated the applicant’s eligibility as the spouse beneficiary, the member did not request her coverage be canceled and the SBP premiums continued to be deducted from his retired pay until his 31 Jul 98 death. Discussion: Although the decedent,made no election change during the required...
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...
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.
d+ Panel hair f&, Attachment Ltr, AFPCDPPTR, dtd 14 Sep 98 D E P A R T M E N T O F T H E AIR 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 A I R F O R C E B A S E T E X A S 4 SEP 1998 MEMORANDUM 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 is requesting corrective action to show he filed a timely election for former...
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...
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...