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DEPARTMENT OF THE AIR FORCE
WASHINGTON, D.C.
1 8 9999
Office of the Assistant Secretary
AFBCMR 97-02587
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MEMORANDUM FOR THE CHEF OF STAFF
Under the authority of Section 1552, Title 10, United States Code and AH 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:
e
Survivor Benefit Plan to change his coverage fiom "formerAspouse" to ''spouse," naming-
tary records of the Department of the Air Force relating t
e corrected to show that on 19 September 1986. he e
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as eligible spouse beneficiary, based on full retired pay.
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DONNA PITTENGER
Chief Examiner
Air Force Board for Correction
of Military Records
DEPARTMENT OF THE AIR FORCE
WASHINGTON, D.C.
FEB 1 8 1999
Office of the Assistant Secretary
AFBCMR 97-02587
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
Having carefblly 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 or his designee.
Panel Chairman
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Attachments :
Ltr, DFAS-CLEW, dtd 22 May 98
Ltr, AFPCIDPPTR, dtd 11 Jan 99
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DEFENSE FINANCE AND ACCOUNTING SERVICE
CLEVELAND CENTER
PO Box 99191
CLEVELAND, OH 44199-1 126
(DFAS-CL/FRAB)
May 22,1998
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MEMORANDUM FOR AIR FORCE'BOARD FOR CORRECTION OF MILITARY'RECORDS
FROM: DEFENSE FINANCE AND ACCOUNTING SERVICE - CLEVELAND CENTER,
RETIRED PAY OPERATIONS
PO BOX 998004
CLEVELAND OH 44199
SUBJECT :
itary Records
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1. Requested Action:
requests that w
(SBP) be changed from former spouse to spouse,
t
h
, the widow of-
e
Survivor Benefit Plan
2.
did
his coverage from former spouse to spouse.
3 . Background: -made
a voluntary election under the
SBP to cover his former spouse. Within one year of his marriage
he made an attempt to change the coverage, but,
to
no action was taken on his request.
tates tha
o her, attempt to change
4 Recommendation:
showing that
from former=
permitted by Law.
No objection would be offered to a correction
submitted an election changing coverage
new spouse within the time frame
Technical Branch
Retired Pay Operations
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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 Correction: The applicant, widow 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 the member tried to terminate former spouse
SBP coverage and establish coverage for her after their marriage.
Backaround:
a. The law controlling the SBP allows a retired member to convert spouse SBP
coverage to former spouse coverage within one year following a divorce. The election may be
made voluntarily, to comply with the provisions of a divorce decree, or to honor an agreement
not incorporated in a court order. The law also provides that a former spouse SBP election
may be converted to coverage for a new spouse within one year of remarriage. The former
spouse’s concurrence is not required if the member‘s election was voluntary.
b. Former spouse SBP coverage is suspended if the former spouse remarries prior to
age 55. Costs cease effective the first day of the month after the month of remamage. If the
member dies while the former spouse is ineligible, the former spouse will not receive the
annuity; however, payments are re-instated in the event the disqualifying marriage
subsequently ends.
Facts: The member was married and elected full spouse only SBP coverage when he
applied for retired pay effective 22 Aug 73, his 60th birthday. That wife died on 13 Jun 79, he
married Patricia on 12 Jun 80 and they divorced on 3 Mar 86. Although the court order
contained the member‘s agreement to “maintain in full force and effect“ several insurance
policies on behalf of his former spouse, the language does not include a reference to the SBP.
Nevertheless, the member voluntarily changed spouse coverage to former spouse coverage
effective 1 Apr 86, naming-s
the former spouse beneficiary. The applicant and the
decedent married on 18 Sep 86 and the member notified the finance center (12 Nov 86) to
discontinue former spouse SBP coverage, but failed to mention his remarriage. The finance
center erroneously informed the member his request to discontinued former spouse coverage
was invalid. The member died on 2 Jun 97 and, because the former spouse remarried prior to
age 55, she is not currently entitled to the annuity. Subsequently, the member contacted the
Defense Finance and Accounting Service - Cleveland Center (31 Dec 96), reiterating his
desire to ensure his wife would receive ar) SBP annuity in the event of his death.
Discussion: It is reasonable to conclude that the member would have complied with the
one year time limit for submitting an SBP election for his new wife if the finance center had not
erroneously advised him his request to terminate former spouse coverage was invalid.
Recommendation: We recommend the meqber's record be corrected to reflect on
19 Sep 86, he changed former spouse SBP coverage to spouse coverage based on full retired
as the eligible beneficiary. Approval should be contingent upon
pay, naming
recoupment o w p r e m i u m s .
PAT PEEK, DAFC
Chief, Retiree Sewices Branch
Directorate of Pers Program Mgt
I
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. Eligibility and premiums are reinstated effective the first day of the month after the date the former spouse's remarriage terminates. Discussion: Although the member made no election change during the required one- year time limit following divorce, there is no evidence that he requested DFAS terminate his former...
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. The parties divorced on 17 Oct 86 and the member agreed to continue SBP coverage on the applicant's behalf; however, neither submitted a valid election to change the SBP coverage from spouse to former spouse. Premiums for spouse coverage continued to be deducted from his retired pay and finance records erroneously listed...
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. The member 97031 82 remarried 21 Jul90. Recommendation: Although there is no evidence of Air Force error, to preclude a possible injustice, we recommend partial relief: the member's record should be corrected to reflect that on 28 Jun 88 he elected to change SBP spouse and child -vera e to former spouse and child 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. Premiums continue to be deducted from his retired pay erroneously listing the former spouse as the eligible spouse beneficiary. 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...
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...
*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.
'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...
PAT PEEK, DAFC Chief, Retiree Services Branch Directorate of Pers Program Mgmt 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 Street West Ste 11 Randolph AFB TX 78150-4713 SUBJECT: Application for Cortection of Military Records Requested Correction: The applicant, former spouse of the above-named retired member, is requesting corrective action...
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...
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:...