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Decision Text

AF | BCMR | CY1999 | 9802765
Original file (9802765.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                 DOCKET NO: 98-02765
                             INDEX CODE 137.04
             (               COUNSEL: None

                             HEARING DESIRED: No

Applicant requests entitlement to a  former  spouse  Survivor  Benefit
Plan (SBP) annuity.  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 B).  The advisory  opinion  was  forwarded  to  the
applicant for review and response (Exhibit C).   Applicant's  response
to the advisory opinion is at 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 facts and opinions stated
in the advisory opinion appear to be based on the evidence  of  record
and  have  not  been  sufficiently  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.

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.  Kathy   L.
Boockholdt, and Mr. Mike Novel  considered  this  application  on
                     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.  Advisory Opinion
C.  AFBCMR Ltr Forwarding Advisory Opinion
D.  Applicant's Response

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