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

						DJC
											Docket No 8756-06
											4 January 2007

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 3 January 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 Memo of 28 Nov 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

ROBERT D. ZSALMAN
Acting Executive Director

Enclosure

28 Nov 06

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

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

Subj:	COMI~4ENTS AND RECC USN(RET. )

Ref:	(a) BCNR memo of 13 Oct 06

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

2.	The recommendation is based on the following:

a.	PO2  transferred to the Fleet Reserve on 31 August 2000. She was automatically enrolled in the SBP as a result of the Defense Finance and Accounting Service-Cleveland Center (DFAS-CL) not receiving a valid SBP election.

b.	Public Law 105-85 enacted on 18 November 1997, 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. She could have requested to terminate her participation in the SBP during the one-year period which commenced 1 October 2002 with her spouse’s written concurrence.

3.	Information regarding the SBP has been available to PO2~q~from “Shift Colors”, the quarterly newsletter provided to all Navy retirees who maintain current correspondence address information with the DFAS-CL. P02 . spouse has been covered under this program since her date of retirement, six years ago, and she should not receive both the benefit of coverage and a refund of previously deducted premiums. We make every effort to provide favorable recommendations the member and their family; however, we also have responsibility as stewards of the public trust.