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

MEH:ddj
					Docket No: 1807-04
										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 12 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
                                                                                       MILLINGTONTN38055~0000	12 Apr 04

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR)

Via:	Assistant for BCNR Matters (PERS-OOZCB)

Subj:	COMMENTS AND RECOMMENDATION ICO LCDR USN(RET.) (DECEASED),  DOCKET NO. 01807-04

Ref:	(a) BCNR memo of 25 Mar 04
(b)	PHONCON Mrs. /PERS-622   of 9 Apr 04

1.	Per reference (a), recommend the BCNR not correct LCDR ’s record to reflect that his current spouse is eligible to receive a Survivor Benefit Plan (SBP) annuity.

2.	The recommendation is based on the following:

a.	LCDR  transferred to the Retired List on 1 November 1961. He did not participate in the Retired Serviceman’s Protection Plan (RSFPP) at that time. The RSFPP 
was replaced by the SBP on 21 September 1972. He enrolled his spouse in the SBP, with a reduced base amount, on 10 October 1972.

b.	LCDR  and Ms  were divorced on 22 June 1987. He died on 21 July 2000.

c.	Public Law 99-145, enacted 8 November 1985, amended Title 10, United States Code, Section 1448 to permit coverage for former spouses under the spouse category.

d.	LCDR  married Mrs.    on 9 November 1996.

Subj:	COMMENTS AND RECOMMENDATION ICO LCDR USN(RET.) (DECEASED),  DOCKET NO. 01807-04

3.	Per reference (b), Mrs.  is now aware that LCDR  was required, as a provision of his divorce decree, to provide SBP coverage for his former spouse. Additionally, she stated that she has provided the Defense Finance and Accounting Service Cleveland Center (DFAS-CL) a copy of the death certificate verifying that the former spouse passed away on 31 March 2003.

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

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