Search Decisions

Decision Text

AF | BCMR | CY2001 | 0003408
Original file (0003408.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:        DOCKET NUMBER:  00-03408
              INDEX CODE:  137.00

APPLICANT     COUNSEL:  NONE

SSN     HEARING DESIRED: No

Applicant requests his records be changed to  allow  him  to  terminate  his
election  for  spouse  coverage  under  the  Survivor  Benefit  Plan  (SBP).
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 the applicant 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.  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 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.

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 Mr. David C. VanGasbeck, Ms. Patricia  D.  Vestal,  and
Mr. Mike Novel considered this application on  16  May  2001  in  accordance
with the provisions of Air Force  Instruction  36-2603,  and  the  governing
statute, 10, U.S.C. 1552.




                                     DAVID C. VANGASBECK
                                     Panel Chair

Exhibits:

A.  Applicant's DD Form 149
B.  Advisory Opinion
C.  SAF/MIBR Ltr Forwarding Advisory Opinion

Similar Decisions

  • AF | BCMR | CY2001 | 0002595

    Original file (0002595.doc) Auto-classification: Denied

    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.

  • AF | BCMR | CY1998 | 9703375

    Original file (9703375.doc) Auto-classification: Denied

    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.

  • AF | BCMR | CY1998 | 9703546

    Original file (9703546.doc) Auto-classification: Denied

    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.

  • AF | BCMR | CY2003 | BC-2002-03448

    Original file (BC-2002-03448.doc) Auto-classification: Denied

    Issues of the Afterburner are mailed to the correspondence address each retiree provides to the finance center. It is each member’s responsibility to notify DFAS-CL of their current correspondence address, regardless of their pay status. _________________________________________________________________ The following members of the Board considered Docket Number 02-03448 in Executive Session on 21 January 2003, under the provisions of AFI 36-2603: Mr. David C. VanGasbeck,Panel Chair Ms....

  • AF | BCMR | CY2001 | 0002596A

    Original file (0002596A.doc) Auto-classification: Denied

    The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be granted (Exhibit B). The advisory opinion was forwarded to the applicant for review and response (Exhibit C). In this respect, while the facts and opinions stated in the advisory opinion from the SBP office of primary responsibility (OPR) appear to be based on the evidence of record and recommend the application be approved, we note that the legal...

  • AF | BCMR | CY2001 | 0100319

    Original file (0100319.doc) Auto-classification: Denied

    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. Accordingly, applicant's request is denied.

  • AF | BCMR | CY2001 | 0002785

    Original file (0002785.doc) Auto-classification: Denied

    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). Applicant's response to the advisory opinion is at 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.

  • AF | BCMR | CY2001 | 0002018

    Original file (0002018.doc) Auto-classification: Denied

    The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be returned without action (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.

  • AF | BCMR | CY2001 | 0002596

    Original file (0002596.doc) Auto-classification: Denied

    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). 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.

  • AF | BCMR | CY2001 | 0002469

    Original file (0002469.doc) Auto-classification: Denied

    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). 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.