SECOND ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02647
COUNSEL: NONE
HEARING DESIRED: NO
RESUME OF CASE:
On 25 May 1999, the Board considered and denied applicant’s request that he
be allowed to select Survivor Benefit Plan (SBP) coverage for his spouse,
effective 23 January 1996. Applicant was advised that Public Law 105-261,
effective 17 October 1998, provided an opportunity for retirees to enroll
in the SBP during a one-year open enrollment period beginning 1 March 1999
through 29 February 2000 (Exhibits A through D).
During the SBP open enrollment period authorized by Public Law 105-261, the
applicant elected SBP coverage for his spouse, effective 1 April 1999.
On 13 July 1999, the applicant submitted, through his member of Congress, a
request that his enrollment in the SBP be adjusted to 23 January 1996.
On 15 November 1999, the Board reconsidered the application and found
insufficient evidence to warrant a change to the applicant’s records
(Exhibits G through K).
In a letter to the President, dated 14 February 2000, the applicant
requests reconsideration of his appeal and provides his spouse’s notarized
statement. Applicant’s complete submission is attached at Exhibit L.
THE BOARD CONCLUDES THAT:
Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After thoroughly reviewing the
additional documentation submitted with this request for reconsideration,
we are of the opinion that applicant has again failed to provide sufficient
evidence to warrant a change in his records. The statement from his former
spouse is duly noted; however, it does not convince us that he was
miscounseled. Furthermore, there is too much SBP literature available to
retirees, for the applicant to have been misled regarding the program.
During the SBP open enrollment period authorized by Public Law 105-261, the
applicant elected coverage for his spouse, effective 1 April 1999.
Applicant’s contentions are duly noted; however, we agree with the opinion
and recommendation of the Air Force and adopt their rationale as the basis
for our conclusion that applicant has not been the victim of an error or
injustice. Therefore, in the absence of evidence to the contrary, we find
no compelling basis to recommend granting the requested relief.
THE BOARD DETERMINES THAT:
The applicant be notified that the additional evidence presented did not
demonstrate the existence of probable material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
The following members of the Board considered this application in Executive
Session on 23 May 2000, under the provisions of AFI 36-2603:
Mrs. Barbara A. Westgate, Panel Chair
Mr. Mike Novel, Member
Ms. Kathy L. Boockholdt, Member
The following documentary evidence was considered:
Exhibits G - K. AROP, dated 3 Jan 00, w/atchs.
Exhibit L. Letter, Applicant, dated 14 Feb 00, w/atchs.
BARBARA A. WESTGATE
Panel Chair
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-02486 INDEX NUMBER: 137.02 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: That he be permitted to establish Survivor Benefit Plan (SBP) coverage for his wife after the time period to do so expired. Although the applicant’s request to establish spouse coverage was not submitted during the time provided by...
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.
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 facts and opinions stated in the advisory opinion appear to be based on the evidence of record and have not been rebutted by applicant.
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-00172 INDEX NUMBER: 137.01 COUNSEL: NONE HEARING DESIRED: NO Applicant requests that his records be corrected to reflect he made a timely election for spouse coverage under the Survivor Benefit Plan (SBP) following his marriage on 10 July 1993. The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be...
AF | BCMR | CY1999 | BC-1998-00172
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-00172 INDEX NUMBER: 137.01 COUNSEL: NONE HEARING DESIRED: NO Applicant requests that his records be corrected to reflect he made a timely election for spouse coverage under the Survivor Benefit Plan (SBP) following his marriage on 10 July 1993. The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be...
_________________________________________________________________ AIR FORCE EVALUATION: The Chief, Retiree Services Branch, AFPC/DPPTR, reviewed this application and states that a member, who is married during an enrollment period, may elect coverage for an eligible spouse but if the retiree fails to provide coverage during that opportunity, they may not provide coverage in the future, unless it is during another open enrollment period. There is no evidence of Air Force error; therefore,...
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied based on the documentation submitted (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.
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-02575 INDEX CODE: 137 COUNSEL: NONE HEARING: NO The applicant requests that he be allowed to establish Survivor Benefit Plan (SBP) coverage. 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 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). 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). 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.