Docket No. 3741-19 
Ref: Signature Date 


This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

A three-member panel of the Board, sitting in executive session, considered your application on 2 April 2020.  The names and votes of the members of the panel will be furnished upon request.  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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You requested to decline participation in Reserve Component Survivor Benefits Plan (RCSBP) and Survivor Benefit Plan (SBP).  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that Department of Defense Financial Management Regulation (DoDFMR) 7000.14-R outlines the requirements to decline SBP participation prior to retirement.  The Board felt you did not provide evidence to demonstrate that you elected not to participate in RCSBP coverage within the required 90 days of receipt of your Notification of Eligibility, or that you did have spousal concurrence.  Additionally, you did not respond to the email request of 4 March 2020 for additional documentation.  Moreover, in accordance with DoDFMR 7000.14­R, you may discontinue your SBP election by submitting DD Form 2656-2, Survivor Benefits Plan (SBP) Termination Request within 25 to 36 months from 30 April 2018; the effective date you began receiving retired pay. 

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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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.