RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02661
INDEX CODE: 137.04
COUNSEL: None
HEARING DESIRED: Not indicated
Applicant requests he be allowed to change his Survivor Benefit Plan (SBP)
from spouse and child to child only coverage based on full retired pay.
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 105-85, effective 18 November 1997,
provides an opportunity for retirees t 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.
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
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/counsel 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). The member‘s wife elected spouse and child coverage based on full retired pay effective I Feb 98. However, if the Boards decision is to grant relief, the member's record should be corrected to show on 31 Jan 94 he elected spouse and child SBP coverage based on full retired pay.
- I I COUNSEL: None - RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS JUL 1 7 IN THE MATTER OF: DOCKET NO: 97-03293 HEARING DESIRED: NO - Applicant requests that the one year eligibility period for a spouse acquired after retirement be waived and she be granted a Survivor Benefit Plan (SBP) annuity. Applicant's submission is at Exhibit A. I The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending...
AF | BCMR | CY1999 | BC-1998-00680
_________________________________________________________________ AIR FORCE EVALUATION: The Chief, Retiree Services Branch, AFPC/DPPTR, reviewed this application and states that a member who is married at retirement and fails to provide coverage for an eligible spouse may not provide coverage in the future, unless Congress authorizes an open enrollment period. The one-year enrollment period to add family members acquired after retirement is applicable only when no previous category of the...
_________________________________________________________________ AIR FORCE EVALUATION: The Chief, Retiree Services Branch, AFPC/DPPTR, reviewed this application and states that a member who is married at retirement and fails to provide coverage for an eligible spouse may not provide coverage in the future, unless Congress authorizes an open enrollment period. The one-year enrollment period to add family members acquired after retirement is applicable only when no previous category of the...
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). A member who is unmarried at retirement may elect coverage for a newly acquired spouse; however, the election must be made before the first anniversary of the marriage. However, if the Board’s decision is to grant relief, the member‘s record should be corrected to reflect on 24 Mar 89 he elected to add his spouse to his child only...
STATEMENT OF FACTS: The Air Force indicated the applicant elected reduced spouse and child coverage The SBP counselor at d o ; F B , Nevada, provided verification that the applicant‘s wife did not attend the 4 Sep 96 SBP pre-retirement briefing. There is no evidence of error or injustice in this case and DPPTR recommends the requested relief be denied. The following members of the Board considered this application in Executive Session on 21 May 98, under the provisions of Air...
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...
AIR FORCE BOA~D FOR CORRECTION OF MILITARY RECORDS . 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 should the Board decide to grant relief, the member’s records should be corrected to void his election to add71is child as an SBP beneficiary and refund the portion of the SBP premiums related to the child coverage.
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). Applicant's response to the advisory opinion is at Exhibit E. 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.