DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 98-01649
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 Survivor Benefit Plan, based on h l l retired pay.
f the Department of the Air Force relating to
corrected to show that on 1 May 1992, he elected,
, to add spouse coverage to his child coverage under
h_l)r-n-..L
DONNA PITTENGER
Chief Examiner
Air Force Board for Correction
of Military Records
'8.
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 98-01 649
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
SUBJECT:
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 of the Board or his designee.
Attachment:
Ltr, AFPCDPPTR, dtd 21 Sep 98
Panel Chair
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 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 AFPCIDPPTR
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 that would allow him to
establish Survivor Benefit Plan (SBP) coverage for his wife.
Basis for Request: The applicant claims his open enrollment application fell through the cracks
during the transition of retired pay from-
Background: A member, who is unmarried at retirement, may elect coverage for a newly
acquired spouse; however, the election must be made before the first anniversary of the marriage or
during an open enrollment period. Public Law 101-189 (29 Nov 89) authorized a one-year open
enrollment period (1 Apr 92 to 31 Mar 93) which allowed retirees to participate in the Plan.
Facts: The applicant’s retired pay records indicate he was unmarried and elected child only
coverage, maximum annuity, prior to his I Jan 85 retirement. He married on 31 Aug 86, failed to
submit a valid election to establish spouse coverage before the first anniversary, but erroneously
completed the form used to reestablish SBP coverage on 27 Apr 92
However,
since he did not have suspended spouse coverage, the form he co
used to make
an open enrollment election and the finance center could not “resume existing coverage.” Information
about the open enrollment period, points of contacts for members to use to gain additional information,
and an application was mailed to retirees in the Feb 92 “Afterburner. USAF News for Retired
Personnel,” This issue was sent by direct mail to the member‘s correspondence address maintained
by the finance center.
Discussion: The retiree failed to notify the finance center within the first year of marriage
regarding his intent to include his wife as an SBP beneficiary. Although he was provided with
information and an application for enrollment during the open enrollment period, he chose to seek
assistance W A F -
misunderstood the member’s SBP status and provided him the wrong form.
It appears the SBP counselor who assisted the retiree may have
Recommendation: We recommend the member’s record be corrected to reflect he elected to
add spouse coverage under PL 101 -1 89 effective 1 May 92. Approval should be contingent upon the
recovery of the costs the member would have paid had he made the election at that time.
n A
P A T PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Mgt
APPLICANT CONTENDS THAT: On 21 October 1992, he went to the AFB Personnel Center to check on the SBP status of hi insure that she was enrolled, and also to enroll two newly adopted small children (of his deceased son) during the SBP Open Enrollment Election period. Applicant's complete submission is attached at Exhibit A. At the time, he did not receive any paperwork pertaining to the fact that his wife or his children were enrolled.
neither the member nor the former spouse requests the election change within the one-year eligibility period, former spouse coverage may not be established thereafter. Although their 29 Mar 96 divorce terminated the applicant's eligibility as the spouse beneficiary, the member did not request her coverage be canceled and the SBP premiums continued to be deducted from his retired pay until his 19 Oct 96 death. Recommendation: Although there is no avidence of Air Force error, to preclude a...
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...
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...
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). A member who is unmarried at retirement may elect coverage for a newly acquired spouse; however, the election must be made before the first anniversary of the marriage. However, if the Board’s decision is to grant relief, the member‘s record should be corrected to reflect on 24 Mar 89 he elected to add his spouse to his child only...
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...
The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit B). Applicant's response to the advisory opinions is at Exhibit D. After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action. i - - 550 C Street West, Suite 14 Randolph AFB TX 78150-4716 MEMORANDUM FOR AFBCMR FROM: HQ...
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. Although SBP premiums may continue to be deducted from the member’s retired pay following divorce, the former spouse is not eligible to receive annuity payments in the event of the member‘s death. Recommendation: Although there is no evidence of Air Force error, to preclude a possible injustice, we recommend that the...
DEPARTMENT OF THE AIR FORCE WASHINGTON, D.C. Office of the Assistant Secretary AFBCMR 98-00647 1 24 JUL 1998 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: ary records of the Department of the Air Force relating to corrected to show that on...
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. PL 99-145,8 Nov 85 (effective 1 Mar 86) provided former spouse coverage with the same premiums and features as spouse coverage and authorized an open enrollment period (8 Nov 85 - 7 Nov 86) for members to change from insurable interest option (with the former...