RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NO: 99-00067
INDEX CODE 137.01
COUNSEL: None
HEARING DESIRED: No
Applicant requests that he be allowed to participate in the Reserve
Component Survivor Benefit Plan (RCSBP). 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.
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.
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. (An extract of PL 105-85 is attached to the letter to
the applicant.)
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.
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 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 advisory opinion was forwarded to the applicant 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). 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. The Board staff is directed to inform applicant of this decision.
The appropriate Air Force office evaluated applicant's request and provided tan 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). 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 appropriate Air Force office evaluated applicant's request and provided tan 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). 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 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). 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 advisory opinion was forwarded to the applicant 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 B). The advisory opinion was forwarded to the applicant for review and response (Exhibit C). 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 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 off ice evaluated applicant I 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). The Board staff is directed to inform applicant of this decision.