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AF | BCMR | CY1998 | 9802245
Original file (9802245.pdf) Auto-classification: Approved
DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 
AFBCMR 98-02245 

SEP 3 0  1998 

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: 

ds of the Department of the Air Force relating 
corrected to show that on 14 April 1994, he e 

coverage from If spouse coverage" to "former spouse 
the former spouse beneficiary, based on full retired 

DONNA PITTENGER 
Chief Examiner 
Air Force Board for Correction 
of Military Records 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR 98-02245 

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 of the Board or his designee. 

Attachment: 
Ltr, AFPCDPPTR, dtd 24 Aug 98 

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 

MEMORANDU!  FOR 

FBCMR 

FROM:  HQ AFPC/DPPTR 

550 C Street West Ste 11 
Randolph AFB TX  781 50-471 3 

SUBJECT:  Application for Correction of Military Records 

Reauested Correction:  The applicant, former spouse of the above-named retired member, is 

requesting corrective action that would entitle her to a Survivor Benefit Plan (SBP)  annuity. 

Basis for Request:  The applicant claims her former spouse continued to make SBP premium 

payments after their divorce and meant for her to have SBP, and the retiree thought the divorce decree 
was the only documentation necessary. 

Backaround: A spouse’s eligibility to receive an annuity terminates upon divorce.  However, the 
law provides two mechanisms for changing spouse 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 the court ordered the 
member, to establish former spouse coverage.  If 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. 

Facts:  The decedent elected spouse coverage based on full retired pay prior to his retirement on 

21 Oct 86.  Although their 13 Apr 94 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 31 Jul 98 death. 

Discussion:  Although the decedent,made no election change during the required one-year time 

limit following divorce, there is no evidence that he requested coverage for his former spouse be 
terminated, indicative of his intent to maintain her as the eligible SBP beneficiary as required by the 
court order.  To deny this request would be to deny the applicant an asset awarded her by the court. 

Recommendation: Although there is no evidence of Air Force error, to preclude a possible 

injustice, we recommend that the member’s record be 
to change SBP spouse to former spouse coverage, nami 
beneficiary.  Approval should be contingent upon recoup 

14 Apr 94, he elected 

as the former spouse 

-3  /I 

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



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