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

											DJC
	      Docket No. 10646-06 
	      2 May 2007

This is in reference to your applicant  for correction of your naval record pursuant t 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 1 May2007.  our 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 pinion furnished by NPC Memo dtd 30 Mar 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 he 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 act on cannot be taken. You are entitled to have the Board reconsider it decision upon submission of new and material evidence or other matt r 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 PFIEFFER
Executive Director

	
Enclosure

30 Mar 07

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
              NAVAL RECORDS

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

Subj:	COMMENTS USN(RET.

Ref:	(a) BCNR memo of 20 Feb 07

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 Temporary Disability Retired List on 4 January 2005. 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 SBP 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 March 2007 with his spouse’s written concurrence utilizing the enclosure.

3. Information regarding the SBP has been available to P02   from “Shift Colors”, the quarterly newsletter provided to all Navy retirees who maintain current correspondence address information with the DFAS-CL. We make every effort to provide favorable recommendations for the member and their family; however, we also have a responsibility as stewards of the public trust.	spouse has been covered under this program since his date of retirement and he should not receive both the benefit of could previously deducted premiums