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

DJC
Docket No. 2501-06
22 February 2007

This is in reference to your application for correction of your former 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 21 February 2007. 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 dtd 1 Dec 06, 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,

Enclosure
1 Dec 06 MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS (BCNR)

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

Subj:

Ref: (a) BCNR memo of 14 Nov 06
	(b)	PHONCON Mr.	DFAS-CL)/Mr.
		30 Nov 06

1.	Per reference (a), recommend the BCNR not correct
the record to reflect that he enrolled his former spouse in Survivor Benefit Plan (SBP) within one year of his divorce.
2.	The recommendation is based on the following: transferred to the Retired List effective
	26 November 2001. His retired pay started on 1 March 2004. Per reference (b), the Defense Finance and Accounting Service-Cleveland Center (DFAS—CL) records indicate that had no eligible SBP beneficiary. He died on 25 December 2004.

3.	were divorced on 18 August-1995 and their divorce decree was amended 19 May 1999. It contained a requirement for provide a portion of his retired pay, but did not stipulate that former spouse SBP coverage would be provided. 

Casualty Assistance Division
(N1352B)