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AF | BCMR | CY1998 | 9801151
Original file (9801151.pdf) Auto-classification: Approved
DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

DEC 1 7  I998 

Office of the Assistant Secretary 

AFBCMR 98-01151 

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 pertinen 
Force relating to 
to show that on 1 
coverage under the Survivor Bene 
the 

Pay 

-as 

MOND H. W~LLER 

Examiner 

Air Force Board for Correction 
of Military Records 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

DEC 1 7  1998 

Office of the Assistant Secretary 

AFBCMR 98-01151 

MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR 
SUBJECT : 

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. 

Attachment: 
Ltr, AFPC/DPPTR, dtd 14 Sept 98 

DEPARTMENT  OF T H E  A I R   FORCE 

HEADQUARTERS  AIR  FORCE  P E R S O N N E L C E N T E R  

RANDOLPH  AIR  FORCE  B A S E  TEXAS 

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPC/DPPTR 

550 C Street West Ste 1 I 
Randolph AFB TX  781 50471 3 

SUBJECT:  Application for Correction of Military Records 

r't4-m 1998 

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 neither the member nor she made the formal election 

necessary to reinstate her entitlement to survivor benefits. 

Backaround: A spouse's eligibility to receive an SBP 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 applicant and retiree were married and the member elected spouse and child coverage, 
immediate annuity, under the Reserve Component SBP (RCSBP) when he completed his service obligation 
(30 Sep 83). The decedent turned age 60 on 24 Jul91 and began to receive retired pay.  The parties divorced 
17 Dec 93 and the divorce decree was silent on the issue of SBP.  However, the applicant was awarded SBP by 
a 29 Mar 94 amendment.  The retiree marrie-n 
12 Feb 94, but took no affirmative action to make her 
the beneficiary for the SBP.  Absent a valid election for former spouse coverage,-ecame 
the eligible 
spouse beneficiary by operation of law on 13 Feb 95.  The member died 11 Jun 96 and his widow is currently 
receiving the SBP payments.  There is no evidence the decedent nor the applicant took the required action to 
change the coverage, and SBP premiums continued to be deducted from the member's retired pay during the 
period he had no eligible spouse beneficiary. 

Discussion:  The decedent did not request coverage for the applicant be terminated, her birthdate 

(31 Dec 30) is listed as the beneficiary on the finance record, and he did not request coverage be established on 
his wife's behalf, all indicative of his willingness to maintain coverage for his former spouse.  To deny her request 
would be to deny her an asset awarded her by the court. 

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 18 Dec 93, he elected former spouse 
coverage, naming 
recoupment of app-s. 

as the former spouse beneficiary.  Approval should be contingent upon 

PAT PEEK, DAFC 
Chief, Retiree Services Branch 

Directorate of Pers Program Mgmt  - 



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