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 3 1 May 1995, he elected spou
t Plan, based on full retired pay.
Chief Examiner
Air Force Board for Correction
of Military Records
DEPARTMENT OF THE AIR FORCE
WASHINGTON, D.C.
Office of the Assistant Secretary
AFBCMR 98-00647
24 JUL 1998
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
SUBJECT
ssm
Having carehlly 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 or his designee.
Panel Chair
Attachment
Ltr, HQ AFPCDPPTR dtd 17 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
21 July 1998, in accordance with AFI 36-2603 and 10 USC 1552.
Mr. David W. Mulgrew, Panel Chair
Mr. Joseph G. Diamond, Member
Mr. Terry A. Yonkers, Member
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 A I R FORCE B A S E TEXAS
.
-
I c
MEMORANDUM FOR AFBCMR
FROM: HQ AFPC/DPPTR
550 C Street West Ste 11
Randolph AFB TX 78150-4713
SUBJECT: Application for Correction of Military Records
Reference:
Requested Correction: The applicant is requesting corrective action that would allow
him to establish Survivor Benefit Plan (SBP) coverage for his wife.
Basis for Request: The applicant claims he was provided the incorrect form to
establish SBP for his spouse at Nellis AFB NV the day following his marriage and later was
given incorrect information from Defense Finance and Accounting Service-Cleveland (DFAS-
CL) when he questioned the status of his request.
Backwound: 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's retired pay records indicate he was unmarried and elected child
only coverage prior to his 1 Jan 90 retirement. He remarried on 1 Jun 94, but failed to submit
a valid election to establish spouse coverage before the first anniversary.
Discussion: The case file contains a copy of an AF Form 114, Arrears of Retired Pay
Designation and/or Annuity Beneficiary Change, previously used by the Air Force Accounting
and Finance Center to update a retiree's beneficiary data. It appears the applicant completed
the AF Form 114 the day following his marriage. It is reasonable to conclude he would have
taken the necessary action to provide coverage had he been aware of the proper procedures
and time restriction to make an election.
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 31 May 95
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, 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: - - records of the Department of the Air Force relating t corrected to show that on 18...
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...
MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1 5 5 2 , Title 10, United States Code, Air Force Instruction 3 6 - 2 6 0 3 , 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 pertinen , be corrected to Force relating to show that on 4 O c ange his Survivor Benefit Plan election from “child coverage” to “spouse and...
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...
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...
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 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...
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. Discussion: Although the member did not submit a valid election to voluntarily change from spouse to former spouse coverage within the first year following divorce, there is no evidence that he requested coverage be terminated and continued to pay SBP premiums, indicative of his intent to maintain...
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...