RECORD OF PROCEEDING
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-01315
INDEX CODE: 137.04
COUNSEL: None
HEARING DESIRED: No
Applicant requests that his Survivor Benefit Plan (SBP) election be
changed from spouse and child coverage to child only coverage and he be
reimbursed premiums he has paid since he retired. 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.
The application was not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.
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.
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 20 April 2000 in accordance
with the provisions of Air Force Instruction 36-2603, and the governing
statute, 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
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.
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). 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). 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.
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.
AIR FORCE BOA~D FOR CORRECTION OF MILITARY RECORDS . The 'appropriate Air Force 'office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). However should the Board decide to grant relief, the member’s records should be corrected to void his election to add71is child as an SBP beneficiary and refund the portion of the SBP premiums related to the child coverage.
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR recommends the application be denied and states, in part, that there is no evidence the service member attempted to establish former spouse SBP coverage on the applicant’s behalf within the time allowed. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that relief should be granted. Exhibit E. Letter, Counsel, dated 20 May 02, w/atchs.
The ARPC/DPS evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 22 February 2002 for review and response within 30 days. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that relief should be granted. ...
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 member‘s wife elected spouse and child coverage based on full retired pay effective I Feb 98. However, if the Boards decision is to grant relief, the member's record should be corrected to show on 31 Jan 94 he elected spouse and child SBP coverage based on full retired pay.