DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 98-01671
SEP 3 0 1998
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
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. 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.
4itRI"Sy
Pane Chair
Attachment:
Ltr, HQ AFPC/DPPTR, dtd Sep 14, 1998,
w/Atch
D E P A R T M E N T O F T H E A I R F O R C E
HEADQUARTERS AIR FORCE’PERSONNEL CENTER
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 AFPWDPPTR
550 C Street West Ste 11
Randolph AFB TX 78150-4713
7 4 SEP 1998
SUBJECT: Application for Correction of Military Records
Requested Correction: The applicant is requesting corrective action to show that
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 he was unaware that paperwork
needed to be reaccomplished upon divorce.
Background: A spouse’s eligibility as an SBP beneficiary terminates upon
divorce. However, the law provides two mechanisms for changing spouse coverage to
former spouse coverage. Both must be exercised within the first year following 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 that the
court ordered the member, to establish former spouse coverage. 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. Even though a
member fails to notify the Defense Finance and Accounting Service-Cleveland Center
(DFAS-CL) of the divorce and continues to pay SBP premiums afterwards, the former
spouse is not eligible for annuity payments upon the member’s death.
Facts: The parties married on 26 Jun 81 and the applicant elected spouse
coverage based on full retired pay prior to his 1 Feb 87 retirement. They divorced on
24 May 95 and the divorce decree required SBP coverage be continued. The member
remarried on 21 Mar 96; however, he did not notify DFAS-CL of either his divorce or
remarriage. Premiums continue to be deducted from his retired pay erroneously listing
the former spouse as the eligible spouse beneficiary.
Discussion: Even though the member did not make a valid election change,
there is no evidence he requested coverage for his former spouse be terminated,
indicative of his intent to maintain coverage on her behalf. To deny his 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 member’s record be corrected to reflect that on
25 May 95 he elected to chan
based on full retired pay, nam
Approval should be contingent upon recoupment of any applicable premiums.
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 the Assistant Secretary
AFBCMR 98-01671
SEP 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 havinq 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:
(SBP) election from spouse
on full retired pay, namin
beneficiary.
spouse coverage based
as the former spouse
jik&-jM~o
Chie Examin r
c/ Air Force Board for Correction
of Military Records
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...
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...
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...
*e- Background: A spouse’s eligibility as an SBP beneficiary terminates upon divorce. 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. Neither party remarried, SBP premiums continue to be deducted from the member‘s retired pay, and the former spouse is reflected as the eligible spouse beneficiary.
However, the law provides two mechanisms for changing spouse to former spouse coverage. If neither the member nor former spouse requests the election change within the one-year eligibility period, former spouse coverage may not be established thereafter. Discussion: Even though the member did not make a valid former spouse election change, there is no evidence he requested coverage for her be terminated.
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 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 one- year time limit following divorce, he did not request DFAS terminate his former spouse's coverage, premiums continued to be deducted from his pay, and he took immediate action to establish former spouse coverage after DFAS-CL advised him it...
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: Even though the member did not make a valid election change, there is no evidence he requested coverage for his former spouse be terminated or established for his new spouse following his remarriage, all indicative of his intent to maintain his former spouse as the eligible SBP beneficiary. Recommendation:...
d+ 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...
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.