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

DJC
Docket No. 10316-06
28 February 2007

This is in reference to y ur application for correction of your husband’s naval record pursuant to the provisions of 10 USC 1552.

A three-member panel of t e Board for correction of Naval Records, sitting in executive session, considered your application on 27 February 2007. Your a legations 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 Boar substantially concurred with the comments contained in the advisory pinion. Accordingly, your application has been denied. The names a 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 up n submission of new and material evidence or other matter not previo sly 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 f an official naval record, the burden is on the applicant to demons rate the existence of probable material error or injustice.

Sincerely,

Enclosure

	2	Feb	07

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

Via: Assistant for BC R Matters (PERS-31C)

Subj:	 PC ~ AND REP MMENDATTflN T~

	Ref:	(a)	BCNR Pay mem	of 14 Nov 06
		(b)	DoD Financial	Management Regulation (Volume 7B)
	
	End: (1)	R SBP election dtd 8 Apr 03

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

2.	The recommendation s based on the following:

	a.	transferred to the Retired List, without pay, on 1 September 2003. T e Naval Reserve Personnel Center (NRPC) issued his notice of eligibility (NOE) for retirement on 25 March 2003.

b.	were married on 15 October 1985 and divorced on 1 June 2001. When received his NOE he was unmarried and had no eligible beneficiary for participation in the RCSBP and remarried on 15 October 2005.

c.	Reference (b) states in part that a member who is notified of his or her completion of the years of service required for retired pa eligibility under 10 United States Code, Section 1223, may elect to participate in the Plan before the end of a 90-day period that begins on the date of such notification. As previously stated, was unmarried when he received his NOE and is divorce decree contained no provision requiring him to provide former spouse RCSBP coverage.

Subj:	COMMENTS AND RECOMMENDATION ICO

d.	A who member ha no spouse when they retired and later marries or remarries must elect to participate in the RCSBP within one year from third date of marriage or remarriage. The new spouse becomes an eligible beneficiary on the first anniversary of the marriage or remarriage.

3.	There are no provisions under current federal law that permits payment of an SPB annuity to the spouse of deceased retiree who is not enrolled in 

Casualty Assistance Division
(N1352B)

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