DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
SEP 15 1998
Office of the Assistant Secretary
AFBCMR 98-01270
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
show that on 31 M
coverage and his wife concurred in his election.
ment of the Air
be corrected to
rvivor Benefit Plan
C$ie f Examiker
Air Force Board f o r Correction
of Military Records
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
SEQ 1 5 1998
Office of the Assistant Secretary
AFBCMR 9 8 - 0 1 2 7 0
MEMORANDUM OF CONS~DERATION OF AP,PLICATION 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.
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,
Attachment:
Ltr, AFPC/DPPTR, dtd 2 4 Aug 98
D E P A R T M E N T O F THE 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 BASE TEXAS
MEMORANDUM FOR AFBCMR
FROM: HQ AFPC/DPPTR
550 C St West Ste 11
Randolph AFB TX 78150-4713
SUBJECT: Application for Correction of Military Records
Reference: 1
Requested Correction: The applicant is requesting corrective action that would
allow him to terminate spouse coverage under the Survivor Benefit Plan (SBP) and his
wife concurs in his request.
Basis for Request: The applicant claims during outprocessing he stated he did
not want SBP and he thought all the required papetwork was properly completed.
Background: When a member fails to complete an SBP election prior to
retirement, coverage is established for all eligible beneficiary(ies) by operation of law.
Facts: The applicant was married and had dependent children when he retired
effective I Apr 98; however, he did not complete an SBP election prior to that date.
Consequently, the Defense Finance and Accounting Service - Cleveland Center
(DFAS-CL) established coverage based on full retired pay to comply with the law.
Discussion: Records at
indicate an SBP printout was not
provided to the counselor prior to the retiree’s outprocessing. Although it is the
member’s ultimate responsibility to ensure his retired pay was properly established the
possibility of error exists. It would be inappropriate to penalize the applicant for an
administrative error; however, our authority to correct administrative errors under Title
I O , Section 1454, has expired.
Recommendation: We recommend the member’s record be corrected to show
on 31 Mar 98 he declined SBP coverage and his wife concurred in his election.
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Mgmt
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...
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.
However, the law provides two mechanisms for changing spouse to 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. Discussion: Even though the member did not make a valid former spouse election change, there is no evidence he requested coverage for her be terminated.
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, Public Law (PL) 105-85 (effective 17 May 1998) provides an opportunity for retirees to terminate participation in the SBP beginning on the second anniversary of their receipt of retired Pay - For further information, applicant should contact the Retiree Services Branch (AFPC/DPPTR) at 1-800-531-7502. Backaround: When the...
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.
APPLICANT CONTENDS THAT: On 21 October 1992, he went to the AFB Personnel Center to check on the SBP status of hi insure that she was enrolled, and also to enroll two newly adopted small children (of his deceased son) during the SBP Open Enrollment Election period. Applicant's complete submission is attached at Exhibit A. At the time, he did not receive any paperwork pertaining to the fact that his wife or his children were enrolled.
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...
D.C. Office of the Assistant Secretary AFBCMR 97-03 595 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 abive regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that: of the Air Force relating to to show that on 13 May 1996, he Benefit Plan, based on a reduced curred in his election DONNA...
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...
, 5 JUN 3 0 1998 MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1552, Title 10, United States Code and 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 nt of the Air , be corrected Force relating to to show that, on 31 August 1996, he elected Survivor Benefit Plan (SBP) spouse and child coverage...