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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27019
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My husband is retired Air Force since 1995. We married in 1996

Resolved Question:

My husband is retired Air Force since 1995. We married in 1996 and I obtained my first Military ID at Beale AFB and have kept it renewed since. We are currently separated, but still married. We may never finalize a divorce, but he is not cooperating with any business transactions that require his signature. I need to renew now to be eligible for Tricare For Life and am afraid he will not sign the DD Form 1172-2. Is there any way around it? I have read somethings online stating that if the renewing office noted that he refused to sign on the application, they could go ahead and renew. Please advise, thanks.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Ma'am I am sorry to have to bear bad news.

The DEERS (Defense Enrollment Eligibility Reporting System) office can, and likely will, require him to sign.

He is the sponsor.

Is it possible you can get a local DEERS office to bypass this (his signature)?

I have never seen it....but I will not say it is impossible. It may be you could convince the local office to ignore this signature requirement.

But there is no provision for this in the regulations that controls and requires the signature.

The better way may be to try and obtain some leverage to force this

If you went to court, the state court can order him to sign the form (to get you insurance). This is easy...of course you have to pay for this (in the form of a lawyer to file the motion with the court)

But so would he...he would have to hire a lawyer to fight it...and it is a looser fight for him (the court will order this since there is no cost to him and a huge benefit for you)

So perhaps if he understands you will go to court to force this, he will back down

But is there a provision that allows DEERS to ignore is failure to sign? No...in fact he rule is he must sign.


Sorry to have to bear bad news
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27019
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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P. Simmons
P. Simmons
Military Lawyer
27019 Satisfied Customers
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.