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

DJC
Doc. No. 2316-06
26 September 2006

This is in reference to your application for correction of your husband’s naval record pursuant to the provisions of 10 USC 1552.

A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 26 September 2006. 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 naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion furnished by NPc memo (N152B) dated 23 August 2006, a copy of which is attached.

After careful and conscientious consideration of the entire record, a majority of 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 also 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
	23	Aug	06

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Via: Assistant for BCNR Matters (PERS-3lC)

Subj:

Ref:   (a)	BCNR memo of 30 May 06
         (b)	DoD Financial Management Regulation (Vol 7B)

End:  (1) XXXX Form 1883 did 2 May 78

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

2. The recommendation is based on the following:

	a. XXXX  transferred to the Fleet Reserve on26 May 1978. He was married and declined participation in the SBP coverage at that time.

b. XXXXX and XXXXX were married on 30 August 1979. He died on 17 June 1998.

c.	Reference (b) states in part, that a member with an eligible spouse beneficiary on the date of retirement who declines coverage is prohibited from participating in the Plan, except during an open enrollment period.

d.	XXXXXcould have enrolled his current spouse in the SBP during the 1 October 1981 to 30 September 1982 or 1 April 1992 to 31 March 1993 open season enrollment periods, however, he did not seek coverage.

3. Information regarding the SBP and the aforementioned open season enrollment periods was available to from “Shift Colors”, the quarterly newsletter provided to all Navy retirees who maintain current correspondence address information with the Defense Finance and Accounting Service-Cleveland Center (DFAS—CL).

4. XXXXpresented no evidence that her spouse desired or attempted to enroll her in the SBP. Since she was not enrolled in the SBP, there are no other provisions under current public law that permit ~ her.

Deputy Director
Casualty Assistance Division
(N152B)

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