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

DJC
Docket No. 8304-07
11 December 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 10 December 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 Nov 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 Nov 07
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

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

Subj:	COMMENTS AND RECOMMENDATION ICO DOCKET NO. 083 04-07

Ref:	(a) BCNR memo of 18 Oct 07

1.	In response to reference (a), recommend BCNR not correct record to reflect that he elected Survivor
Benefit Plan (SBP) spouse coverage when he retired.

2.	The recommendation is based on the following:

a.	was transferred to the Fleet Reserve on 30 June 1987. was married and elected maximum child only SBP coverage at that time.

b.	had opportunities to enroll his spouse in the SBP during the 1 April 1992 to 31 March 1993 the 1 March 1999 to 29 February 2000 and most recently the
1 October 2005 to 30 September 2006 open seasons, however, he did not enroll his spouse. Information about these open season periods has been widely publicized in the Navy’s quarterly retiree newsletter “Shift Colors’. This newsletter is provided to all Navy retirees who maintain their correspondence address information up to date with the DFAS-CL.

3. Since did not enroll his spouse in the SBP she is ~ entitled to SBP C ~tge. It should be that the Defense Finance and Accounting Service-Cleveland Center (DFAS-CL) was unable to provide a c,opy of his original SBP election

Deputy Director
Casualty Assistance Division
(N1352B)