RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-03250
INDEX NUMBER: 137.04
COUNSEL: MANUEL G. CORREGEDORE, JR.
HEARING DESIRED: NO
Applicant requests that his Survivor Benefit Plan (SBP) coverage be
terminated and all deductions from his retired pay be reimbursed.
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 B). The advisory opinion was
forwarded to counsel for review and response (Exhibit C). 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 or
counsel. 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. For further information, applicant should contact the Retiree
Services Branch (AFPC/DPPTR) at 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. Kathy L.
Boockholdt, and Mr. Mike Novel, considered this application on
23 May 2000, 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, dtd 7 Dec 99, w/atchs
B. Advisory Opinion
C. SAF/MIBR 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 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 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 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). 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.
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...
Although SBP premiums may continue to be deducted from the member’s retired pay following divorce, the former spouse is not eligible to receive annuity payments in the event of the member’s death. There is no evidence of Air Force error, or basis in law to award the applicant an annuity; therefore, they recommend the request be denied. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air...