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AF | BCMR | CY1998 | 9703546
Original file (9703546.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  97-03546

      XXXXXX     COUNSEL:  None

      XXXXXXX    HEARING DESIRED: Not indicated


Applicant requests his spouse only  coverage  election  under  the  Survivor
Benefit Plan be terminated.  Applicant's submission is at Exhibit A.

The appropriate Air Force office evaluated applicant's request and  provided
an advisory opinion to the Board  recommending  the  application  be  denied
(Exhibit C).  The advisory  opinion  was  forwarded  to  the  applicant  for
review and response (Exhibit D). As of  this  date,  no  response  has  been
received by this office.

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.  The facts and opinions stated  in  the  advisory
opinion appear to be based on the evidence  of  record  and  have  not  been
rebutted by applicant.  Absent  persuasive  evidence  applicant  was  denied
rights to which entitled, appropriate  regulations  were  not  followed,  or
appropriate standards were not applied, we find  no  basis  to  disturb  the
existing record.  However, Public Law (PL) 105-85 (effective  17  May  1998)
provides an opportunity for retirees to terminate participation in  the  SBP
beginning on the second anniversary of their receipt of retired pay.   There
will be no refund of  premiums  paid  into  the  program  and  the  spouse’s
concurrence will be required.  For  further  information,  applicant  should
contact the Retiree Services Branch  (AFPC/DPPTR)  at  1-800-531-7502.   (An
extract of PL 105-85 is attached to the letter to the applicant.)

Accordingly, applicant's request is denied.

The  Board  staff  is  directed  to  inform  applicant  of  this   decision.
Applicant should also be informed that this decision is final and will  only
be reconsidered upon the presentation of new  relevant  evidence  which  was
not reasonably available at the time the application was filed.

Members of the Board Mr. Henry C. Saunders, Mr. David  C.  VanGasbeck,  Mrs.
Barbara  A.  Westgate  considered  this  application  on  7  July  1998   in
accordance with the provisions of Air Force  Instruction  36-2603,  and  the
governing statute, 10, U.S.C. 1552.





                             Panel Chair

Exhibits:

A.  Applicant's DD Form 149
B.  Available Master Personnel Records
C.  Advisory Opinion
D.  AFBCMR Ltr Forwarding Advisory Opinion

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