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AF | BCMR | CY1998 | 9800486
Original file (9800486.pdf) Auto-classification: Approved
DEPARTMENT OF THE AIR FORCE 

WASH I NGTON , D.C. 

AU6 2 11998 

Office of the Assistant Secretary 
AFBCMR 98-00486 

MEMORANDUM FOR THE CHIEF OF STAFF 

Under the authority of Section 1552, Title 10, United States Code and AFI 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: 

of the Department of the Air Force relating to 
edrto show that on 15 October 1986, he electe 
coverage from ‘lspouse and child coverage” to 

as former spouse beneficiary, based on full retired pay. 

i i l 7 Q w a y d  
DONNA PITTENGER 
Chief Examiner 
Air Force Board for Correction 
of Military Records 

08/1-2/98 WED  16:33 
. .  

FAX 210 652  4819 SAF-MIBR +++  AFBCMR 

DEPARTMENT OF THE AIR  FORCE 

HEADQUARTERS AIR  FORCE  PERSONNEL CENTER 

RANDOLPH  CIR  FORCE  BASE TEXAS 

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPC/DPPTR 

550 C Street West Ste 7 1  
Randolph AFB TX  781504713 

SUBJECT:  Amendment For AFBCMR Docket Number 98-00486 

. .- 

... 

Backqraund:  The applicant, former spouse of the above-named retired member, 

requested corrective action that would entitle her to a Survivor Benefit Plan (SBP) annuity. 

Facts:  Our previous advisory, dated 2 Jun 98, indicated that the member elected child 

coverage and that coverage continued until his death because the record reflected the 
youngest child was incapable of self-support.  We stated that the child is now receiving SBP 
payments, but the applicant confirmed her son is gainfully employed and is not receiving the 
SSP benefit. 

Discussion:  The incorrect statement on our original advisory does not change the facts 

in this case, and our original recommendation to grant relief remains unchanged. 

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 that would entitle her to a Survivor Benefit Plan (SBP) 
annuity. 

Basis for Request:  The applicant claims the decedent did not continue SBP coverage 

on her behalf as the court stated for him to do. 

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 the former spouse requests the election change 
within the one-year eligibility period, former spouse coverage may not be established 
thereafter. 

Facts:  The decedent, a retired Reservist, elected spouse and child coverage based on 

full retired pay prior to his 60th birthday (28 Sep 77).  At that time, the member indicated that 
his youngest child was disabled.  The parties divorced on 14 Oct 86.  Premiums for spouse 
coverage were terminated by DFAS Nov 86.  Child coverage continued until the member‘s 
9 Sep 96 death.  That child is now receiving the SBP annuity. 

Discussion:  Although the decedent made no election change during the required one- 

year time limit following divorce, correspondence provided by the applicant serves to confirm 
his intent to continue SBP coverage for his former spouse.  To deny this request would be to 
deny the applicant an asset awarded her by the court. 

. 

:,* 

w 
c .. 

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 
15 Oct 86, he elected to change SBP spouse to former spouse coverage, naming 

m. as the former spouse beneficiary.  Approval should be contingent upon recoupment of 

appropnate premiums. 

Chief, Retiree Services Branch 
Directorate of  Pers Program Mgmt 



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