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

DJC
Docket No. 9941-06
	7	February	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 6 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 12 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.

Enclosure

DOCKET NO. 09941-06

12 Jan 07

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR)
Via: Assistant for BCNR Matters (PERS-31C)

Subj:	COMMENTS AND RECOMMENDATION 

(a)	BCNR memo of 28 Nov 06

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

                2.	The recommendation is based on the following:
	
 a. transferred to the Fleet Reserve on 30 December 1977 and elected reduced spouse and children category SBP coverage. He died on 10 September 2006.

      b.  and were divorced on 19 March 1980 and failed to notify the Defense Finance and Accounting Service-Cleveland Center (DFAS-CL) of his divorce on 5 November 1988 and failed notify the DFAS-CL of his remarriage prior to his date of death.

3.      divorce decree did not require former spouse SBP coverage therefore she is not eligible for coverage.