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Decision Text

AF | BCMR | CY1999 | 9802647
Original file (9802647.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-02647
            INDEX CODE: 137.01

            COUNSEL:  None

            HEARING DESIRED: No


Applicant requests that he be allowed to elect Survivor Benefit  Plan  (SBP)
coverage for his wife.  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 105-261, effective  17  October  1998,
provides an opportunity for retirees to enroll in the Survivor Benefit  Plan
program during a one-year open enrollment  period  beginning  1  March  1999
through 29 February 2000.

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 Mrs. Barbara A. Westgate, Ms. Ann L.  Heidig,  and  Mr.
Mike Novel considered this application on 25 May  1999  in  accordance  with
the provisions of Air Force Instruction 36-2603, and the governing  statute,
10, U.S.C. 1552.




                                     BARBARA A. WESTGATE
                                     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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