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AF | BCMR | CY1998 | 9801639
Original file (9801639.pdf) Auto-classification: Approved
DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR 98-01639 

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 
Force relating to 
that on on 25 Oct 
(SBP) election from spouse coverage t 
based on reduced retired pay, naming 
spouse beneficiary. 

Department of the Air 
be corrected to show 
Survivor Benefit Plan 

coverage 
as the former 

@pilw 

Chief  xaminer 
Air Force Board for Correction 
of Military Records 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office  of the Assistant Secretary 

AFBCMR 98-01639 

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. 
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. 

Therefore, under the authority delegated in AFI 

pA * y Y  

Panel Chair 

Attachment: 
Ltr, HQ AFPC/DPPTR, dtd Oct 1, 1998, 
w/Atch 

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  T E X A S  

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPC/DPPTR 

550 C Street West Ste 11 
Randolph AFB TX  78150-4713 

SUBJECT:  Application for Correction of Military Records 

OCT  1958 

Requested Correction:  The applicant is requesting corrective action that would allow 

him to establish Survivor Benefit Plan (SBP) coverage for his former spouse. 

Basis for Request:  The applicant claims that at the time of his divorce he was not aware 

of the necessity of filing a "deemed" (sic) election to ensure SBP coverage for his former 
spouse. 

Background:  A spousets eligibility to receive an SBP annuity terminates upon divorce. 

Public Law (PL) 98-94 (24 Sep 83) permitted retirees to elect former spouse coverage; 
however, the retiree must file an election change within one year following the divorce.  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. 

Facts:  The applicant and retiree were married prior to his 1 Feb 75 retirement and he 

elected reduced spouse only coverage under the SBP.  The parties divorced effective 
24 Oct 88, but the divorce decree did not address the SBP.  There is no evidence the decedent 
notified the finance center of his change in marital status and SBP premiums continued to be 
deducted from his retired pay. 

Discussion:  Although the applicant made no election change during the required one- 

year time limit following divorce, there is no evidence that he requested the applicant's 
coverage be terminated. 

Recommendation: Although there is no evidence of Air Force error, we recommend that 

the member's record be corrected to reflect that on 25 Oct 88, he el 
coverage based on the previous reduced level of retired pay, namin 
the 
former spouse beneficiary.  Approval should be contingent upon recoupment of appropriate 
premiums. 

dad4 

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



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