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AF | BCMR | CY1998 | 9801371
Original file (9801371.pdf) Auto-classification: Approved
DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR 98-01371 

MEMORANDUM FOR THE CHIEF OF STAFF 

Under the authority of Section 1552, 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: 

The pertinent milit 

tment of the Air 
be corrected to 

Force relating to 
show that on 1 Ma 
under the Survivor Benefit Plan, naming 
the former spouse beneficiary, based on full retired pay. 

as 

Y C ief Examiner 

MOND H.  W ~ L E R  

Air Force Board for Correction 
of Military Records 

AFBCMR 98-01371 

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. 
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 14 Sep 98 

D E P A R T M E N T  O F  T H E  A I R   F O R C E  

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 AFPWDPPTR 

550 C Street West Ste 11 
Randolph AFB TX  781504713 

SUBJECT:  Application for Correction of Military Records 

t 4  SEP  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 the member continued to pay premiums until his death 

and assured her she was covered under the Plan. 

Backqround: A spouse's eligibility to receive an SBP annuity terminates upon divorce.  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.  However, PL 94-496 (14 Oct 76, but effective 1 Oct 76) allowed suspension of 
premiums following the spouse's divorce or death.  PL 98-94 (24 Sep 83) permitted retirees to elect 
former spouse coverage within one year following the divorce.  If former spouse coverage is not 
established within that time, it 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 during the initial SBP open enrollment period when 

he elected full spouse and child coverage. The parties divorced on 9 Apr 73, and the divorce decree did 
not address the SBP.  However, neither remarried, the former spouse's  date of birth remained in his 
records as the eligible beneficiary, and the SBP premiums continued to be deducted until his death on 
30 Mar 98. 

Discussion:  Although the law in effect when the parties divorced did not provide any mechanism 
for continuing the coverage for a former spouse, or allow the retiree to stop the monthly cost, there is no 
evidence or documentation showing that he requested coverage for his former spouse be terminated, 
indicative of his intent to keep her as the SBP beneficiary. 

Recommendation:  Although there is no evidence of Air Force error, we recommend that the 

member's record be corrected to reflect that on 1 Mar 86, he elected former spouse coverage, naming 

as the former spouse beneficiary.  It is appropriate that the effective date be 1 Mar 86 
t opportunity a retiree could change to former spouse coverage at the same cost and 
benefit as spouse coverage.  Approval should be contingent upon recoupment of appropriate premiums. 

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



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