DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
					   2 NAVY ANNEX
	WASHINGTON DC 20370-5100	

	                                                                          MEH:ddj
                                          Docket No: 1778-04
								                 11 May 2004

Dear:

This is in reference to your application for correction of your deceased spouse’s naval record pursuant to the provisions of title 10 of the United States Code, section 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 May 2004. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your spouse’s naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion furnished by NPC memorandum of 6 April 2004, a copy of which is attached.

After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence or other matter not previously considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.

Sincerely,

                                                                                          W. DEAN PFEIFFER
Executive Director

Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

6 Apr 04

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Via:	Assistant for BCNR Matters (PERS-OOZCB)

Subj:	COMMENTS AND RECOMMENDATION ICO CPO USN(RET.) (DECEASED),  DOCKET NO. 01778-04

Ref:	(a) BCNR memo of 8 Mar 04

1.	In response to reference (a) , recommend BCNR not correct  CPO  record to reflect that he enrolled his spouse in the Survivor Benefit Plan (SBP)

2.	The recommendation is based on the following:

a.	CPO transferred to the Fleet Reserve on 27 April 1965. CPO  enrolled in the Retired Serviceman’s Family Protection Plan (RSFPP) Options 3 and 4 on 8 February
1962.

b.	CPO  and  were divorced on 13 December 1983. CPO on 7 December 1993. CPO  died on 7 October 2001.

c.	There were no provisions to elect former spouse coverage under the RSFPP.

d.	Per reference (b), CPO had one year from his date of marriage to enroll his new spouse in the SBP. He did not take advantage of this opportunity. He also had an additional opportunity to enroll during the 1 March 1999 to 29 February 2000 open season. CPO did not seek enrollment during this time either. Additionally, “Shift Colors” (the Navy quarterly newsletter) which was provided to CPO  routinely contained information regarding the SBP, as well as the open season enrollment periods.

Subj:	COMMENTS AND RECOMMENDATION ICO CPO USN(RET.)(DECEASED), DOCKET NO. 1778-04

3.	There are no other provisions under federal law which permit payment of an SBP annuity to the spouse of deceased retiree who is not enrolled in this plan.

Program Manager
Survivor Benefit Plan (SBP)
Survivor Benefits and Entitlements
Branch (PERS-622)

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