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Decision Text

AF | BCMR | CY2002 | 0101972
Original file (0101972.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS


             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-01972
            INDEX NUMBER:  137.04

            COUNSEL:  NONE

            HEARING DESIRED:  NO

Applicant requests that his participation in the  Survivor  Benefit
Plan (SBP) be terminated and all deductions taken from his  retired
pay be returned to him.  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, unless the applicant  provides  a  notarized
statement from his wife concurring in the termination  of  the  SBP
coverage currently in  effect  on  her  behalf  (Exhibit  C).   The
advisory opinion was forwarded to  the  applicant  for  review  and
response, within 30 days (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.

The applicant's case is adequately documented and it has  not  been
shown that a personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issues  involved.
Therefore, the request for a hearing is not favorably considered.

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 available at the time the  application  was
filed.

Members of the Board, Mr. David C. Van  Gasbeck,  Ms.  Patricia  D.
Vestal, and Mr. Joseph  A.  Roj,  considered  this  application  on
25 September 2001, in accordance with the provisions of  Air  Force
Instruction 36-2603 and the governing statute, 10 U.S.C. 1552.


      DAVID C. VAN GASBECK

      Panel Chair

Exhibits:
A.  Applicant's DD Form 149, dtd 10 Jul 2001, w/atchs
B.  Available Master Personnel Records
C.  Advisory Opinion, w/atchs
D.  SAF/MIBR Ltr Forwarding Advisory Opinion

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