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AF | BCMR | CY1999 | 9900049
Original file (9900049.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  99-00049
                       INDEX CODE:  137

                       COUNSEL:  NONE

                       HEARING:  NO


The applicant requests corrective  action  that  would  allow  him  to
terminate spouse and child coverage under the  Survivor  Benefit  Plan
(SBP)  and  receive  a  refund  of  premiums  paid  since  retirement.
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/counsel 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.

However, Public Law (PL) 105-85 (effective 18 November  1997)  permits
retirees a one-year period to terminate their SBP participation  after
they have been retired for 24 months.   The  applicant  may  disenroll
between 1 November 1999 and 31 October 2000.  For further information,
applicant should contact the Retiree Services Branch (AFPC/DPPTR) at 1-
800-531-7502.

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 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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