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

DJC
Docket No. 9737-06
14 March 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 13 March 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 9 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,

			
									W. DEAN PFEIFFER
									Executive Director

Enclosure
9 Feb 07

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

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

Subj:	COMMENTS AND RECOMMEND ICO

	Ref:	(a)	BCNR memo of 23 Jan 07
		(b)	DoD Financial Management Regulation (Vol 7B)

	1.	In response to reference (a), recommend the BCNR not correct record to reflect that he voluntarily changed his election under the Survivor Benefit Plan (SBP) from spouse to former spouse coverage within one year of his divorce.

2.	The recommendation is based on the following:

	a.	XXXX transferred to the Fleet Reserve 30 June 1993. He was automatically enrolled in the spouse category of the SBP at the maximum level of coverage at that time.

b. XXXX and XXXX were divorced on 9 November 2004. He remarried on 2 July 2005.

c.	Per reference (b), if a member was required to elect former spouse coverage by a court order, incident to a proceeding of divorce, dissolution, or annulment, the member may elect to change to former spouse category coverage during the one-year immediately following that date. The member must notify the Defense Finance and Accounting Service—Cleveland Center (DFAS-CL), in writing of their desire to enroll their former spouse, and provide them the necessary documentation (i.e. divorce decree) . If the member fails or refuses to make such election, the member shall be deemed to have made such election if the DFAS-CL receives a written request from the former spouse or the former spouse’s attorney on behalf of the former spouse. The request from the former spouse must be received by the DFAS-CL within one year of the date of the court order or filing to be valid.

			d.	Reference (b), also states that a member who was participating with spouse coverage and who does not have an eligible spouse beneficiary may upon remarriage: resume coverage, increase the level of coverage up to and including full retied pay, or elect not to have spouse coverage resumed. Unless a member elects not to cover the new spouse within one year after the marriage, spouse coverage automatically resumes at the first anniversary of the marriage, failed to report his divorce or remarriage to the DFAS-Ct as required.

3.	It should be noted that XXXX continued to pay SBP premiums up to his date of death

								Deputy Director
								Casualty Assistance Division
								(N1352B)

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