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AF | BCMR | CY1998 | 9800609
Original file (9800609.pdf) Auto-classification: Approved
4 

I 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR 98-00609 

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. 
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. 

Therefore, 

f 

P  el Chair 
.?.. 

Attachment: 
Ltr, AFPC/DPPTR, dtd 17 Jun 98 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR 98-00609 

.- 

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: 

rtment of the Air 
The pertine 
Force relating t 
be corrected to 
show that on 30 
e Survivor Benefit 
Plan to change his coverage from I1spouse coverage1I to Ilformer 

coverage,!' based on full retired pay, and naming 
as the former spouse beneficiary. 

+@--- 

DONNA PITTENGER 
Chief Examiner 
Air Force Board for Correction 
of Military Records 

-. 

f

J

 

DEPARTMENT  OF  THE AIR  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 BASE TEXAS 

.

-

 

t c 

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPCDPPTR 

550 C Street West Ste 11 
Randolph AFB TX  781 50-471 3 

SUBJECT:  Application for Correction of Military Records 

Reference: 

Reauested Correction:  The applicant, former spouse of the above-named retired member, 1s 

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

Basis for Request:  The applicant claims her former spouse continued to make SBP premium 
payments after their divorce and meant for her to have SBP, and it would be unfair and unjust to deny 
those benefits. 

Backaround:  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.  I!  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 elected spouse coverage based on a reduced level of retired pay prior to 
his retirement on 20 Jan 73, but increased the amount to full retired pay during the open enrollment 
authorized by Public Law 101-189.  The election for increased coverage became effective 1 May 92. 
Although their 29 Mar 96 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 19 Oct 96 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 avidence of Air Force error, to preclude a possible 

injustice, we recommend that the member's record be corre 
to change SBP spouse to former spouse coverage, nami 
beneficiary.  Approval should be contingent upon recoup 

ect that on 30 Mar 96, he elected 

s the former spouse 
remiums. 

PAT PEEK, DAFC 
Chief, Retiree Services Branch 
Directorate of Pers Program Mgmt 



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