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

MEH
Docket No. 2558-06
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. 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 of 25 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. 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

	25 Apr 06

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

Via:    Assistant for BCNR Matters (PERS-31C)
	
	Subj:    COMMENT AND RECOMMENDATIONS ICO	
	
	Ref:	(a)	BCNR memo of 30 Mar 06
		(b)	DoD Financial Management Regulation, Volume 7B

	1.	In response to reference (a),  recommend the BCNR not correct  record to reflect that his Reserve Component Survivor Benefit Plan (RCSBP) add on premiums be terminated or suspended.

2.	The recommendation is based on the following:

a.	transferred to the Retired List, without pay, on 23 August 1989. He elected immediate (Option C) RCSBP coverage for his spouse and children at that time. He became eligible for retired pay on 14 July 2000.

b.    were divorced on 15 November 1995 and she subsequently died on 21 February 2000.
CAPT            notified the Navy Reserve Personnel Center (NRPC) that he was divorced and that his former spouse had died.

3.	Consistent with the 12 November 2005 response provided by the Defense Finance and Accounting Service-Kansas City (DFAS-KC) and reference (b),      child only premiums are permanent and do not terminate. It should be noted, that articles from “Shift Colors” provided by are accurate, however, they do not apply to reserve add on associated with Option C RCSBP child elections.

								Deputy Director
								Casualty Assistance Division
								(PERS-62B)