DEPARTMENT OF THE AIR FORCE
WASHINGTON, D.C.
Office of the Assistant Secretary
AFBCMR 98-01 598
AIJG 2 4 lss8
i
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 Air
Force Board for Correction of Military Records is announced, and it is directed that:
ment of the Air Fo
orrected to show
fit Plan and his s
97, he
DONNA PITTENGER
Chief Examiner
Air Force Board for Correction
of Military Records
D E P A R T M E N T O F T H E A I R FORCE
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 AFPC/DPPTR
550 C St West Ste 11
Randolph AFB TX 78150-4713
SUBJECT: Application for Correction of Military Records
Reference:
Requested Correction: The applicant is requesting corrective action that would allow
him to terminate spouse only coverage under the Survivor Benefit Plan (SBP) and his wife
concurs in his request.
Basis for Reauest: The applicant claims the DD Form 2656 was not mailed to his wife
from the MPF in a timely manner; therefore, her concurrence was not received prior to his
retirement date.
Backwound: When a member fails to complete a valid SBP election prior to retirement,
coverage is established for all eligible beneficiary(ies) by operation of law. Elections that do
not provide spouse coverage at the maximum level require the spouse's written concurrence.
Facts: The applicant was married when he retired effective 1 May 97 and declined
SBP coverage; however, his wife's concurrence was not obtained prior to that date.
Consequently, the Defense Finance and Accounting Service - Cleveland Center (DFAS-CL)
established spouse only coverage based on full retired pay to comply with the law.
Discussion: The record indicates the member signed the election form prior to his
retirement date, but spouse concurrence was not obtained until after retirement. Based on the
possibility of the SBP counselor's administrative error, it would bg appropriate to grant relief.
However, due to delays and heavy workload, our authority to correct errors under Title 10 USC
Section 1454 has expired.
Recommendation: We recommend the member's record be corrected to show on
30 Apr 97 he declined SBP coverage and his wife concurred in his election.
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Management
In fact, the item was the spouse notification letter sent by the SBP counselor to inform his wife of the options and effects of the SBP and to advise her that her concurrence was required in any election other than full spouse coverage. Basis for Request: The applicant claims he received an incorrect SBP briefing and the child SBP premiums are four times more than he was briefed. v 8 b. Unmarried children normally remain eligible beneficiaries until they reach age 18, or age 22 if...
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...
D.C. Office of the Assistant Secretary AFBCMR 97-03 595 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 abive regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that: of the Air Force relating to to show that on 13 May 1996, he Benefit Plan, based on a reduced curred in his election DONNA...
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). However, Public Law (PL) 105-85 (effective 17 May 1998) provides an opportunity for retirees to terminate participation in the SBP beginning on the second anniversary of their receipt of retired Pay - For further information, applicant should contact the Retiree Services Branch (AFPC/DPPTR) at 1-800-531-7502. Backaround: When the...
'Panel Chairman / Attachment: Ltr, AFPCDPPTR, dtd 3 Oct 97 DEPARTMENT OF THE AIR FORCE HEADQUARTERS AIR FORCE PERSONNEL C E N T E R R A N D O L P H AIR FORCE BASE T E X A S - MEMORANDUM FOR AFBCMR FROM: HQ AFPC/DPPTR 550 C Street West Ste 1 I Randolph AFB TX 781 50-471 3 SUBJECT: Application for Correction of Military Records Ref ere nce : Requested Correction: The applicant is requesting corrective action to show he filed a timely election for former spouse and child coverage under the...
An AFAFC letter to the decedent, dated 7 October 1972, explained that SBP coverage had been established on his spouse's behalf in compliance with the provision of the law that required establishment of maximum spouse and child coverage if a member, such as the applicant, made no election before retirement. Documents provided by the applicant include a copy of a 7 Oct 72 letter to the decedent from the Air Force Accounting and Finance Center (AFAFC) which explained SBP coverage had been...
, 5 JUN 3 0 1998 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 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 nt of the Air , be corrected Force relating to to show that, on 31 August 1996, he elected Survivor Benefit Plan (SBP) spouse and child coverage...
DEPARTMENT OF THE AIR FORCE WASHINGTON, DC Office of the Assistant Secretary AFBCMR 98-00636 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: - - records of the Department of the Air Force relating t corrected to show that on 18...
The member elected child only coverage based on full retired pay prior to his on 21 Oct 95 and sent the Defense Finance and 1 May 95 retirement. Because the member's divorce decree did not address the SBP, there was no requirement for him to elect former spouse coverage, but he could have done so voluntarily. It is our opinion that the 17 Apr 96 court order is not enforceable because it was issued after the member was already retired.
DEPARTMENT OF THE AIR FORCE WASHINGTON, DC SEP 15 1998 Office of the Assistant Secretary AFBCMR 98-01270 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 to show that on 31 M coverage and his wife...