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

DJC
Docket No. 9618-06
28 February 2007

This is in reference to your application for correction of your husband’s 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 27 February 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 2 Feb 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,

Enclosure

2 Feb 07

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

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

Subj:	COMMENTS AND RECOMMENDATION ICO ~

Ref:	(a)	BCNR Pay memo of 14 Nov 06
	(b)	DoD Financial Management Regulation (Vol 7B)

End: 	(1)	CO1 NRPC ltr 1820 N2/RS  dtd 4 Jun 98
	(2)	CO, NRPC ltr 1772 N2222/LA/rsb
		17 Jun 98

1.	In response to reference (a), recommend the BCNR not correct record to reflect that he enrolled his spouse in the Reserve Component Survivor Benefit Plan (RCSBP).

2.	The recommendation is based on the following:

a. XXX transferred to the Retired List (without pay) on 1 June 1998. He died on 1~1 August 2004.

b. XXXX  and were married on 7 November 1970.

c. XXXX received his Notice of Eligibility (NOE), enclosure (1), from the Naval Reserve Personnel Center (NRPC) on 27 June 1998 informing him that he had completed over 20 years of creditable military service. Additionally, enclosure (2) was provided to inform his spouse of the protections offered under the RCSBP. The information provided explained the options available under the RCSBP.

3.	did not elect to participate the required timeframe after received therefore not eligible for