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

DJC
Docket No. 10678-06
2 May 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 1 May 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 13 Apr 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

13 Apr 07

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

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

Subj:

Ref:	(a) BCNR memo of 19 Mar 07

End:	(1) DD Form 2656-2, Survivor Benefit Plan (SBP) Termination Request

1.	Per reference (a), record to reflect that Benefit Plan (SBP).

2.	The recommendation is based on the following:

	a.	transferred to the Fleet Reserve on
31 March 2006. She 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. She can terminate her participation in the SBP during the one-year period commencing 1 June 2008 with her spouse’s written concurrence utilizing the enclosure.

3.	Information regarding the SBP has been available to the quarterly newsletter provided
to all Navy retirees who maintain current correspondence address information with the DFAS-CL. Though we make every effort to provide favorable recommendations for the member and her family, we also have a responsibility as stewards of the public trust.     spouse has been protected since her date of retirement under the SBP and had she died during that period, her spouse would have received an SBP annuity.

4.	Additionally,	3icated on her application that she became aware  on 1 May 2006 and did not explain why it took an additional six months to request assistance from the BCNR. Had she contacted this Headquarters immediately after discovering the error we would have offered her assistance via the administrative error correction process. It should also be noted that if the BCNR provides relief in this case, the P01 Bell would have received the benefit of bot ma mum co rage and a refund of previously deducted month 

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