DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 98-0041 5
2 4 JUL 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:
ords of the Department of the Air Force relatin
ected to show that on
5, to change his Survi
pouse coverage,” namin
beneficiary, based on a reduced annuity.
DONNA PITTENGER
Chief Examiner
Air Force Board for Correction
of Military Records
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 98-0041 5
2 4 JUL 1998
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.
.’ Panel Chair
Attachment:
Ltr, AFPC/DPPTR, dtd 2 Jun 98
ADDENDUM TO
RECORD OF PROCEEDINGS
The following members of the Air Force Board for Correction of
Military Records considered this case in Executive Session on July 9,1998, in
accordance with AFI 36-2603 and 10 USC 1552.
Mr. Thomas S. Markiewicz, Panel Chair
Mr. Jackson A. Hauslein, Member
Mr. Michael P. Higgins, Member
D E P A R T M E N T OF T H E A I R FORCE
HEADQUARTERS AIR FORCE P E R S O N N E L CENTER
R A N D O L P H AIR FORCE B A S E TEXAS
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, former spouse of the above-named retired
member, is requesting corrective action that would entitle her to a Survivor Benefit Plan (SBP)
annuity .
Basis for Request: The applicant claims the decedent continued to pay premiums on
SBP and said the SBP belonged and should go to her.
Backqround: A spouse beneficiary loses eligibility to receive an SBP annuity following
divorce. Public Law (PL) 98-94,24 Sep 83 authorized former spouse SBP coverage under the
insurable interest for retired members and established a one-year open enrollment period
(24 Sep 83 - 23 Sep 84). PL 99-145,8 Nov 85 (effective 1 Mar 86) provided former spouse
coverage with the same premiums and features as spouse coverage and authorized an open
enrollment period (8 Nov 85 - 7 Nov 86) for members to change from insurable interest option
(with the former spouse's concurrence), or for participants to elect former spouse coverage.
Facts: The applicant and member were'mam'ed on 15 Jun 57 and the member elected
spouse coverage based on a reduced base amount prior to his 1 Mar 75 retirement. The
parties divorced on 29 Mar 85; but premiums for spouse coverage continued to be deducted
from the member's retired pay until his 11 Nov 97 death.
Discussion: Although the decedent made no election change during the required one-
year time limit following divorce, there is no evidence that he requested coverage for his former
spouse be terminated, indicative of his intent to maintain her as the eligible SBP beneficiary as
required by the court order. To deny this request would be to deny the applicant an asset
awarded her by the court.
Recommendation: Although there is no evidence of Air Force error, to preclude a
possible injustice, we recommend that the member's record be corrected to reflect that on
1 Mar 86, he elected
use to former spouse coverage based on reduced
s the former spouse beneficiary. An effective date of
base amount, namin
1 Mar 86 is appropriate as this is the first date former spouse coverage could have been
established under the same costs and conditions as spouse coverage. Approval should be
contingent upon recoupment of appropriate premiums.
& G d
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Mgmt
AIR FORCE EVALUATION: The Chief, Retiree Services Branch, AFPC/DPPTR, reviewed this application and states that at the time of the applicant's divorce there was no provision under the SBP law to continue coverage to a former spouse. THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did noz demonstrate the existence of probable material error o r injustice; that the application was denied without a personal appearance; and that the application will only be...
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.
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...
He could have elected former spouse SBP coverage for her during the 1992 open enrollment. However, spouse premiums could be terminated following divorce if the member additionally selected Option 4. He could have elected former spouse SBP coverage for her during the 92 open enrollment.
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 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 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. 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. There is no evidence the decedent nor the applicant took the required action to change the coverage, and SBP premiums...
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...
PAT PEEK, DAFC Chief, Retiree Services Branch Directorate of Pers Program Mgmt 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 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 TEXAS MEMORANDUM FOR AFBCMR FROM: HQ AFPC/DPPTR 550 C Street West Ste 11 Randolph AFB TX 78150-4713 SUBJECT: Application for Cortection of Military Records Requested Correction: The applicant, former spouse of the above-named retired member, is requesting corrective action...
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...