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

DJC
Docket No. 6728-06
31 October 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 31 October 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 dtd 22 Aug 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.

		

							W. DEAN PFEIFFER
							Executive Director

Enclosure

DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

22 AUG 06

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Via:

Subj:

Ref:	(a) BCNR memo of 7 Aug 06

1.	In response to reference (a), recommend BCNR not correct Petty Officer, record to reflect that he did not elect participation in Family Service members Group Life Insurance.

2.	The recommendation is based on the following:

a.	Member was legally married on 1 Nov 2001.

b.	Member had SGLI coverage, at the maximum value, in place from 1 Nov to retirement in July 2005.

c.	There is no record of an 8286A declining coverage in his record.

3.	The FSGLI program was implemented in November 2001 and the coverage was automatic, by interpretation of the law, unless declined. This was announced in NAVADMIN 281/01. For the
period in  question, P01 had FSGLI coverage on his spouse,  If the spouse had died during this
timeframe, the FSGLI coverage would have been honored and paid, less the amount of the back premiums.

4.	This situation has been addressed at many levels including MCPON and CNO, the outcome has always been the same~ valid debt and must be paid. It has Is