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AF | BCMR | CY1998 | 9801522
Original file (9801522.pdf) Auto-classification: Approved
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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Panel  hair  f&, 

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 



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