DEPARTMENT OF THE AIR FORCE
WASHINGTON, D.C.
Office of the Assistant Secretary
AFBCMR 98-01 522
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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 above regulation, the decision of the Atr
Force Board for Correction of Military Records is announced, and it is directed that.
rds of the Department of the Air Force relating to
corrected to show that on 23 December 1988, he
e his "spouse coverage'' to "former spouse coverage," naming
beneficiary, based on full retired pay.
DONNA PITTENGER
Chief Examiner
Air Force Board for Correction
of Military Records
DEPARTMENT OF THE AIR FORCE
WASHINGTON, D.C.
I
I
Office of the Assistant Secretary
AFBCMR 98-0 1522
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
Having carehlly 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 or his designee.
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Attachment
Ltr, AFPCDPPTR, dtd 14 Sep 98
D E P A R T M E N T O F T H E AIR 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 A I R F O R C E B A S E T E X A S
4 SEP 1998
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
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 SBP coverage was canceled after his divorce and he
failed to reinstate the coverage.
Backwound: 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.
Facts: The member, a Reservist who turned age 60 on 14 Dec 83, elected spouse SBP
coverage when he became entitled to receive retired pay. The parties divorced on 22 Dec 88 and the
final divorce decree required SBP coverage be continued. The finance center learned of the divorce
and stopped deducting SBP premiums from the applicant's retired pay effective Feb 89. Records
indicate the finance center sent a fact sheet about former spouse coverage and the form to elect
former spouse coverage to the applicant on 17 Feb 89, but he failed to return the required paperwork.
Discussion: Although neither the applicant, nor the former spouse made an election change
request during the required time limit, 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 mepber's record be corrected to reflect that on 23 Dec 88 he elected to
spouse coverage to former spouse coverage based on full retired pay, namin
s the eligible former spouse beneficiary. Approval should be contingent upon
f all applicable premiums.
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Mgt
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...
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.
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 parties divorced on 17 Oct 86 and the member agreed to continue SBP coverage on the applicant's behalf; however, neither submitted a valid election to change the SBP coverage from spouse to former spouse. Premiums for spouse coverage continued to be deducted from his retired pay and finance records erroneously listed...
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. PL 98-94 (24 Sep 83) permitted retirees to elect former spouse coverage within one year following the divorce. Recommendation: Although there is no evidence of Air Force error, we recommend that the member's record be corrected to reflect that on 1...
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 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...
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. Facts: The member elected reduced spouse only SBP coverage, reduced annuity, prior to his I May 77 retirement. PAT PEEK, DAFC Chief, Retiree Services Branch Directorate of Pers Program Mgmt DEPARTMENT OF THE AIR FORCE WASHINGTON, DC Office of the Assistant Secretary AFBCMR 98-01590 SEP 3 0 MEMORANDUM FOR THE CHIEF...
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 time limit, he did not request coverage for his former spouse be terminated and SBP premiums continued to be deducted from his retired pay, all indicative of his intent to maintain her as the eligible SBP beneficiary. Recommendation: Although...
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...