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

MEH
Docket No. 2719-06
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 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 spouses 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 38055-0000	

		24 Apr 06

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Via:	Assistant for BCNR Matters (PERS-31C)

Subj:	COMMENTS AND RECOMMENDATIO USN (RET.)

Ref:	(a) BCNR memo of 30 Mar 06

End:	(1) DD Form 2656-2 Survivor Benefit Plan (SBP) Termination Request

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

2.	The recommendation is based on the following:

a.	transferred to the Fleet Reserve on provided the Defense Finance and
Accounting Service-Cleveland Center (DFAS-CL) an invalid SEP election at that time.

b.	Public Law 105-85 enacted on 18 November 1097, 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 31 May 2006 with his spouse’s written concurrence utilizing the enclosure.

	3.	Information regarding the SEP has been available to     from “Shift Colors”, the quarterly newsletter provided to a 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.      spouse has been protected under the SEP for well over 1 year, and had he died during this period, his spouse would have received an SBP annuity. Additionally, had contacted

Subj:	COMMENTS AND RECOMMENDATIONS ICO PO1

this Headquarters during the first year immediately following his retirement; we would have provided him assistance with his SBP election via the administrative error correction process.

									Deputy Director
									Casualty Assistance Division
									(PERS-62B)

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