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
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). The Board staff is directed to inform applicant of this decision.
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). 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 - For further information, applicant should contact the Retiree Services Branch (AFPC/DPPTR) at 1-800-531-7502. Backaround: When the...
AF | BCMR | CY2006 | BC-2005-03820
On 11 March 1999, the applicant submitted a request to terminate his SBP coverage under the provisions of PL 105-85. PL 108-375 authorized an open enrollment period from 1 October 2005 through 30 September 2006 to enroll in SBP, but the law stipulates that servicemembers who terminated coverage under the provisions of PL 105-85 can not renter the program. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence...
AF | BCMR | CY2003 | BC-2003-00646
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER:BC-2003-00646 COUNSEL: None HEARING DESIRED: No ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he filed a timely election for termination of spouse coverage under the Survivor Benefit Plan (SBP). _____________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR reviewed the...
The appropriate Air Force office evaluated applicant's request and provided tan 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). 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 appropriate Air Force office evaluated applicant's request and provided tan 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). 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.
Applicant's complete submission, which includes a notarized statement from his current spouse requesting disenrollment, is attached at Exhibit A. If the Board recommends granting the request, his record should be corrected to show he disenrolled from the SBP under the provisions of PL 105-85, effective 16 May 1999, with his wife’s concurrence. ________________________________________________________________ The following members of the Board considered this application in Executive Session...
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit B). The advisory opinion was forwarded to the applicant for review and response (Exhibit C). The Board staff is directed to inform applicant of this decision.
He has insurance coverage. A complete copy of the Air Force evaluation, with attachments, is at Exhibit C. - APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The Air Force evaluation was forwarded to the applicant on 14 July 1997 for review and comment within 30 days. In fact, the available evidence clearly indicates that the applicant was counseled regarding the costs of participating in the SBP and he did elect to participate.
The appropriate Air Force off ice evaluated applicant I 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). The Board staff is directed to inform applicant of this decision.