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

                                MEH
											Docket No. 2554-06 
											9 May 2006

This is in reference to your application for correction of your 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 9 May 2006. Yo r 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 memorandum of 24 Apr 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. As noted in paragraph 2b of the advisory opinion you may terminate your SBP coverage, with your spouse’s concurrence, during the 24th through 36th month after receiving retired pay. A form has been enclosed should you wish to take advantage of this option. 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 380550000
	24Apr06

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

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

Subj:	COMMENTS AND RECOMMENDATIONS ICO LCDR
	USN(RET.),	DOCKET NO. 02554-06

Ref:	(a) BCNR memo of 30 Mar 06

End:	(1) DD Form 2636-2 Survivor Benefit Plan (SBP) Termination Request

1.	Per reference (a) , recommend BCNR not correct LCDR record to reflect that he declined participation in the Survivor Benefit Plan (SBP)

2.	The recommendation is based on the following:
	
	a.	 LCDR	transferred to the Retired List on 1 December 2004. LCDR	provided the Defense Finance and Accounting Service-Cleveland Center (DFAS-CL) an invalid SBP election at that time.

b.	Public Law 105-85 enacted on 18 November 1007, authorized SBP participants to voluntarily discontinue SBP participation during the one-year period beginning on the second anniversary of the date of commencement of receiving retired pay. He can terminate participation in the SBP during the one-year period commencing 1 December 2006 with his spouse’s written concurrence utilizing the enclosure.

3.	Information regarding the SBP has been available to LCDR from “Shift Colors”, the quarterly newsletter provided to all Navy retirees who maintain current correspondence address information with the DFAS-CL. Though we make every effort to provide favorable recommendations for the member and his family, we also have a responsibility as stewards of the public trust.  LCDR
   spouse has been protected under the SBP for well over 1 year, and had he died during this period, his    spouse would have received an SBP annuity. Additionally, had LCDR    contacted this Headquarters during the first year immediately

Subj:	COMMENTS AND RECOMMENDATIONS ICO LCDR
DOCKET NO. 02554-06

following his retirement; we would have provided him assistance with his SBP election via the correction
process.

								Deputy Director
								Casualty Assistance Division
								(PERS-62B)

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