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

DJC
Docket No. 9201-06
31 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 30 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 NPC memo dtd 4 Jan 07, 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

4 Jan 07

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

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

Subj:

Ref:	(a) BCNR memo of 31 Oct 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 31 July 2004. He was automatically enrolled in the SBP as a result of the Defense Finance and Accounting Service-Cleveland Center (DFAS-CL) not receiving a valid SEP 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. He can terminate his participation in the SBP during the one-year period which commenced 1 September 2006 with his spouse’s written concurrence utilizing the enclosure.

3.	Information regarding the SBP has been available to to from “Shift Colors”, the quarterly newsletter provided 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. spouse has been protected since his date of retirement under the SEP and had he died during that period, his spouse would have received an SBP annuity.  Additionally, had	contacted this Headquarters during the first year immediately following his retirement we would have provided him assistance via the administrator correction process.

Casualty Assistance Division
(N1352B)