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

DJC
Docket No. 8573-07
29 January 2008

Dear

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 28 January 2008. 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 7 Jan 08, 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.

								W. DEAN PFEIFFER
								Executive Director
Enclosure

7Jan08

MEMORAI\JDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR)

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

Subj:	COMMENTS AND RECOMMENDATION ICO 
	Document No. 08573-07

Ref:	(a) BCNR memo of 29 Nov 07

1.	To response of reference (a), recommend the BCNR not correct record to reflect that. he voluntarily elected to provide Survivor Benefit Plan (SBP) coverage for his former spouse.

2.	The recommendation is based on the following:

a.	transferred to the Fleet Reserve on 31 January 1985. He was married and elected spouse and child coverage in the SEP at that time. He died on 29 June 2007.
	
		b. and were divorced on 14 July 2005. The divorce decree provided by did not direct former spouse SBP coverage.

C.	Title 10, United States Code, Section 1448(b) (3), requires that SBP participants with spouse coverage who become divorced and desire to maintain their former spouses as their beneficiaries must specifically elect such coverage within one year after the date of divorce.

3.	continued to pay SBP premiums from the date of his divorce until the Defense Finance and Accounting Service-Cleveland Center (DFAS-CL) was notified by of their divorce. It should be noted, that  received a Retiree Account Statement (RAS) from the DFAS-CL each time there was a change to his retired pay, and at least one

Subj:	COMMENTS AND RECOMMENDATION ICO 
DOCKET NO. 08573-07

annually. Since he did not voluntarily request that his SEP coverage be changed from spouse to former spouse, his former spouse is not entitled to SBP annuity payments.

Director
Casualty Assistance Division
(N135C)

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