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Decision Text

AF | BCMR | CY1999 | 9803346
Original file (9803346.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-03346
            INDEX NUMBER:  137.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO

Applicant requests corrective  action  to  reflect  that  he  made  an
election to establish Survivor Benefit Plan coverage  for  his  spouse
within the first  year  following  their  marriage  on  20  May  1995.
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.   Accordingly,  applicant's
request is denied.

Although we found no  basis  to  favorably  consider  the  applicant’s
stated request, we note that he  is  eligible  to  establish  survivor
coverage under the current open enrollment period authorized by Public
Law 105-261, which began on 1 March 1999 and ends on 29 February 2000.
 Further  information  may  be  obtained  by  contacting  the  Retiree
Services Branch at the Air Force Personnel  Center.   Their  telephone
number is 1-800-531-7502 or (210) 565-2273.

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  15  July  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.  SAF/MIBR Ltr Forwarding Advisory Opinion

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