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

BAN
Docket No. 08663-07
22 May 2008

This is in reference to your application for correction of your husband’s 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 May 19, 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 husband’s naval record and applicable statutes, regulations and policies. The Board considered the advisory opinion furnished by the Director Casualty Assistance Division (N135C) of 28 Apr 08. In addition, the Board also considered relevant documentation, including the receipt of the Notification of Eligibility (NOE) dated 20 July 1995, addressed to your husband regarding his eligibility in the Reserve Component Survivor Benefit Plan (RCSBP), which was signed by you, via certified mail on 7 August 1995, and a letter addressed to you, notifying you of your husband’s options under RCSBP, dated 2 August 1995.

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. 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 also 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

Enclosures
28 Apr 08

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

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

Subj:	CONNENTS AND RECONNENDATION ICO 
	
DOCKET NO. 08663-07

Ref:	(a) BCNR memo of 10 Apr 08

End:	(1) CO. NRPC ltr 1820 Code 20 dtd 20 Jul 95
(2)	CO, NRPC ltr 1772 Code 414 2 Aug 95

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

2. The recommendation is based on the following:

a.	 transferred to the Retired List (without pay) on 1 January 1997. He died on 21 July 2006.
	
	b		Notice of Eligibility (NOE)
enclosure (1), was mailed on or about 20 July 1995 informing him that he could enroll in the RCSBP. The letter requested that he complete the enclosed RCSBP election and return it to the Naval Reserve Personnel Center (NRPC) within 90 days of the receipt of his NOE. He failed to comply. it should be noted that signed for his NOE as evidenced by enclosure (1).

C.	The NRPC also notified in writing, via certified mail, of her spouse’s option to elect RCSBP coverage.

signed for that information as evidence by enclosure (2)

d.	Members who fail to elect RCSBP coverage when they receive their NOE remain eligible to elect Survivor Benefit Plan (SBP) coverage when they reach age 60.

	e.	___	could have also elected RCSBP
coverage for his spouse during the widely publicized 1999-2000 or the 30 September 2005 to 1 October 2006 SBP open season enrollment periods. Information about the open seasons was published in the Navy retiree newsletter “Shift Colors” and was available on the NRPC webpage.

3.	did not elect to participate in the RCSBP during the timeframe required by law, or during either of the subsequent open season enrollment periods, therefore his widow is not eligible for protection under the RCSBP or the SBP.

Director
Casualty Assistance Division
(N135C)

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