DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 98-01 403
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
Having carefully reviewed this application, we agree with the recommendation of the Air
Staff 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 MI 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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Pan 1 Chair
Attachment:
Ltr, HQ AFPCIDPPTR, dtd 9/2/98
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 98-01403
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:
ecords of the Department of the Air Force relating
corrected to show that, on 22 September 1992, he
coverage fiom “spouse coverage” to “former spouse
as former spouse beneficiary, based on full retired pay.
DONNA PI’ITENGER
Chief Examiner
Air Force Board for Correction
of Military Records
a
D E P A R T M E N T O F THE A I R F O R C E
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 AFPCIDPPTR
550 C Street West Ste 1 I
Randolph AFB TX 78150-4713
SUBJECT: Application for Correction of Military Records
Requested Correction: The applicant is requesting corrective action to show he filed a timely
election for former spouse coverage under the Survivor Benefit Plan (SBP) to comply with his divorce
decree.
Basis for Request: The applicant claims he was never advised of the Ismonth deadline for
changing to former spouse coverage following divorce.
Background: A spouse loses eligibility to receive an SBP annuity upon divorce. However, the law
provides two mechanisms for changing spouse to former spouse coverage. Both must be exercised
within one year after 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
during the one-year eligibility period, former spouse coverage may not be established thereafter. Thus,
even though a member may not have notified the Defense Finance and Accounting Service (DFAS) of the
divorce and continued to pay premiums for spouse coverage after the divorce, the former spouse is not
eligible for annuity payments upon the member's death.
Facts: The member retired effective I Mar 72 and elected spouse SBP coverage based on full
retired pay during the open enrollment season authorized by Public Law (PL) 97-35 (13 Aug 81). The
parties divorced on 21 Sep 92 and the final divorce decree required SBP coverage be continued.
Although the member claims he provided a copy of the divorce decree to DFAS-Cleveland Center (DFAS-
CL), neither he nor his former spouse submitted a valid request to change from spouse to former spouse
coverage during the first year following their divorce. The member remarried Nov 94, but premiums
continued to be deducted from his retired pay; and his record reflected the former spouse as the spouse
beneficiary.
Discussion: Although neither the applicant, nor the former spouse made an election change
request during the required time limit, there is no evidence the member requested coverage for his former
spouse be terminated, indicative of his intent to maintain her as the eligible SBP beneficiary. To deny the
request would be to deny his former spouse an asset awarded to her by the court.
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 that on 22 Sep 92 he elected to
P spouse coverage to former spouse coverage based on full retired
the eligible former spous& beneficiary. Approval should be contingent
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Mgt
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. Eligibility and premiums are reinstated effective the first day of the month after the date the former spouse's remarriage terminates. Discussion: Although the member made no election change during the required one- year time limit following divorce, there is no evidence that he requested DFAS terminate his former...
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. Discussion: Even though the member did not make a valid former spouse election change, there is no evidence he requested coverage for...
Attachment: Ltr, AFPC/DPPTR, dtd 2 Jun 98 DEPARTMENT OF THE AIR FORCE WASHINGTON, DC OfFice of the Assistant Secretary AFBCMR 98-00375 JUL 2-0 1998 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...
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. Discussion: Although the member made no election change during the required one- year time limit following divorce, he did not request DFAS terminate his former spouse's coverage, premiums continued to be deducted from his pay, and he took immediate action to establish former spouse coverage after DFAS-CL advised him it...
No objection would be offered to a correction submitted an election changing coverage new spouse within the time frame Technical Branch Retired Pay Operations I *- U I-- D E P A R T M E N T OF T H E A I R F O R C E 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 T E X A S MEMORANDUM FOR AFBCMR FROM: HQ AFPWDPPTR 550 C Street West Ste 11 Randolph AFB TX 78150-471 3 SUBJECT: Application for Correction of Military Records Reference: f Requested...
If neither the member nor former spouse requests the election change during the one-year eligibility period, former spouse coverage may not be established thereafter. Thus, even though a member may not have notified the Defense Finance and Accounting Service (DFAS) of the divorce and continued to pay premiums for spouse coverage after the divorce, the former spouse is not eligible for annuity payments upon the member's death. Recommendation: Although there is no evidence of Air Force...
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. Premiums continue to be deducted from his retired pay erroneously listing the former spouse as the eligible spouse beneficiary. e to former spouse coverage the former spouse beneficiary, PAT PEEK, DAFC Chief, Retiree Services Branch Directorate of Pers Program Mgmt 7 / DEPARTMENT OF THE AIR FORCE WASHINGTON, DC Office of...
Both must be exercised within one year after 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. If neither the member nor former spouse requests the election change during the one-year eligibility period, former spouse coverage may not be established thereafter. Recommendation: Although there is no evidence of Air Force error, to preclude a possible injustice, we recommend the member's...
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 member 97031 82 remarried 21 Jul90. Recommendation: Although there is no evidence of Air Force error, to preclude a possible injustice, we recommend partial relief: the member's record should be corrected to reflect that on 28 Jun 88 he elected to change SBP spouse and child -vera e to former spouse and child coverage...
AIR FORCE EVALUATION: The Chief, Retiree Services Branch, AFPC/DPPTR, reviewed this application and states that at the time of the applicant's divorce there was no provision under the SBP law to continue coverage to a former spouse. THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did noz demonstrate the existence of probable material error o r injustice; that the application was denied without a personal appearance; and that the application will only be...