DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
JUL Z 0 l886
Office of the Assistant Secretary
I AFBCMR 98-00427
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.
/”
Pa el Chair
Attachment:
Ltr, AFPC/DPPTR, dtd 2 Jun 98
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
JUL 2 0 1998
Office of the Assistant Secretary
AFBCMR 98-00427
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 pertinent mil
Force relating t
show that on 15
Benefit Plan to change his cover
former spouse coverage , 'I naming
spouse beneficiary, based on a r
tment of the Air
be corrected to
he Survivor
eragel! to
as former
DONNA PITTENGER
Chief Examiner
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 F O R C E
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 781 50-471 3
SUBJECT: Application for Correction of Military Records
Reference:
Requested Correction: The applicant is requesting corrective action to show he
elected former spouse coverage, reduced annuity under the Survivor Benefit Plan
(SBP) to comply with the court order.
Basis for Request: The applicant claims the proper paper work was not filed by
the divorce lawyer to provide SBP for his former spouse.
Background: 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. 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.
Facts: The member elected spouse only coverage based on a reduced level of
retired pay prior to his 1 Mar 90 retirement. The parties divorced on 14 Nov 95 and the
divorce decree required SBP coverage be continued; however, neither the applicant
nor his former spouse submitted a valid election change during the required time limit.
Premiums continued to be deducted from his retired pay until Mar 97 when the Defense
Finance and Accounting Service - Cleveland Center (DFAS-CL) updated his records,
suspended SBP costs, and refunded the premiums retroactive to the date of divorce.
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. To
i .
deny this request would be to 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
e coverage based on the previous level of retired
beneficiary. Approval should be contingent upon
iums. 6Z.m 0 L
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Mgt
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. 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...
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...
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...
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 the member does not elect former spouse coverage during the one-year eligibility period, that 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 e Facts: The member and applicant were married when the member elected spouse and child coverage, reduced annuity, prior to his 1 Apr 89 retirement. ...
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...
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.