DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 98-00636
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:
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records of the Department of the Air Force relating t
corrected to show that on 18 September 1993, he electe
vor Benefit Plan (SBP) based on full retired pay.
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 98-00636
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.
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Attachment:
Ltr, AFPCDPPTR, dtd 9 Jun 98
D E P A R T M E N T O F T H E AIR FORCE
H E A D Q U A R T E R S A I R 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 F O R C E B A S E T E X A S
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
Reference:
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Reauested Correction: The applicant is requesting corrective action that would allow
him to establish Survivor Benefit Plan (SBP) coverage for his wife.
Basis for Reauest: The applicant claims he was given incorrect information from the
SBP counselors at Millington NAS TN and Columbus AFB MS regarding enrolling his new
spouse into SBP within the one-year period following his marriage.
Backaround: A member, who is unmarried at retirement, may elect coverage for a
newly acquired spouse; however, the election must be made before the first anniversary of the
marriage.
Facts: The applicant was unmarried and declined SBP coverage prior to his 1 Aug 75
retirement. He married on 17 Sep 93, but failed to request spouse coverage be established
before the first anniversary.
Discussion: We have no way to determine what information the applicant did or did not
receive from SBP counselors. Based upon lack of evidence to the contrary and the applicant's
continuing efforts to rectify the situation, it is reasonable to conclude he would have taken the
necessary action to provide coverage had he been aware of theTme restriction to make an
election.
-Recommendation: Although there is no evidence of Air Force errw, to preclude a
possible injustice, we recommend the member's record be corrected to reflect on 18 Sep 93 he
elected spouse only SBP coverage based on full retired pay. Approval should be contingent
upon the recovery of the costs the member would have paid had he made the election at that
time.
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Mgt
f the Department of the Air Force relating to corrected to show that on 1 May 1992, he elected, , to add spouse coverage to his child coverage under h_l)r-n-..L DONNA PITTENGER Chief Examiner Air Force Board for Correction of Military Records '8. Basis for Request: The applicant claims his open enrollment application fell through the cracks during the transition of retired pay from- Background: A member, who is unmarried at retirement, may elect coverage for a newly acquired spouse;...
DEPARTMENT OF THE AIR FORCE WASHINGTON, D.C. Office of the Assistant Secretary AFBCMR 98-00647 1 24 JUL 1998 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: ary records of the Department of the Air Force relating to corrected to show that on...
Backwound: When a member fails to complete a valid SBP election prior to retirement, coverage is established for all eligible beneficiary(ies) by operation of law. Discussion: The record indicates the member signed the election form prior to his retirement date, but spouse concurrence was not obtained until after retirement. Recommendation: We recommend the member's record be corrected to show on 30 Apr 97 he declined SBP coverage and his wife concurred in his election.
In fact, the item was the spouse notification letter sent by the SBP counselor to inform his wife of the options and effects of the SBP and to advise her that her concurrence was required in any election other than full spouse coverage. Basis for Request: The applicant claims he received an incorrect SBP briefing and the child SBP premiums are four times more than he was briefed. v 8 b. Unmarried children normally remain eligible beneficiaries until they reach age 18, or age 22 if...
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...
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 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. Recommendation: Although there is no avidence of Air Force error, to preclude a...
The member elected child only coverage based on full retired pay prior to his on 21 Oct 95 and sent the Defense Finance and 1 May 95 retirement. Because the member's divorce decree did not address the SBP, there was no requirement for him to elect former spouse coverage, but he could have done so voluntarily. It is our opinion that the 17 Apr 96 court order is not enforceable because it was issued after the member was already retired.
*e- Background: A spouse’s eligibility as an SBP beneficiary terminates upon divorce. 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. Neither party remarried, SBP premiums continue to be deducted from the member‘s retired pay, and the former spouse is reflected as the eligible spouse beneficiary.
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...
AIR FORCE BOA~D FOR CORRECTION OF MILITARY RECORDS . The 'appropriate Air Force 'office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). However should the Board decide to grant relief, the member’s records should be corrected to void his election to add71is child as an SBP beneficiary and refund the portion of the SBP premiums related to the child coverage.