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AF | BCMR | CY1998 | 9801422
Original file (9801422.pdf) Auto-classification: Approved
DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR 98-01422 

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 
the 
compliance with the provisions of the above regulation, 
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 27 D 
(SBP) election fr 
on reduced retire 
beneficiary. 

rtment of the Air 
be corrected to 
urvivor Benefit Plan 
pouse coverage based 
as the former spouse 

Air Force Board for Correction 
of Military Records 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR 98-01422 

MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR 

SUBJECT : 

Having carefully reviewed this application, we agree with the 
recommendation of  the Air Force Office of primary responsibility 
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, HQ AFPC/DPPTR, dtd Sep 2, 1998, 
w/Atch 

DEPARTMENT OF T H E  A I R   FORCE 

H E A D Q U A R T E R S   AIR  F O R C E   P E R S O N N E L C E N T E R  

R A N D O L P H  AIR  F O R C E   B A S E  T E X A S  

MEMORANDUM FOR AFBCMR 

FROM: HQ AFPC/DPPTR 

550 C Street West Ste 11 
Randolph AFB TX  781 50-471 3 

SUBJECT:  Application for Correction of Military Records 

- 
2 SEP '?93 

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 told when he retired that SBP for his former 

spouse couldn't be changed, even if he remarried. 

Backqround:  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 elected spouse and child SBP coverage based on reduced level of coverage 
prior to his 1 Jan 75 retirement.  The parties divorced on 26 Dec 88 and the final divorce decree required 
SBP coverage be continued.  Monthly premiums continued to be deducted from his pay; however, his 
record erroneously reflected his 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 27 Dec 88 he elected to 

to former spouse coverage based on the previous reduced level of retired 

mer spouse beneficiary.  Approval should be contingent 

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



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