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AF | BCMR | CY1998 | 9800415
Original file (9800415.pdf) Auto-classification: Approved
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 



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