Dear ,  
 
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 relevant portions of your naval record and your application, 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 for Correction of Naval Records, sitting in executive session, considered your application on 21 May 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 and applicable statutes, regulations and policies.   
 
You requested to decline participation in Reserve Component Survivor Benefits Plan (RCSBP).  The Board, in its review of your spouse’s entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded RCSBP elections are irrevocable in accordance with Department of Defense Financial Management Regulation (DODFMR) 7000.14R.  Additionally, spouse concurrence for declined, reduced or child only RCSBP coverage is required for elections made after 1 January 2001. The Board determined, you were correctly automatically enrolled in RCSBP Spouse coverage on 15 November 2004 upon failing to decline RCSBP coverage with spouse concurrence within 90-days of receiving your Notification of Eligibility (NOE) to Receive Retired Pay at Age 60 and Participate in the RCSBP.   However, in accordance with DODFMR 7000.14-R, you may discontinue participation during a 1-year period which begins on the second anniversary of the date of commencement of retired pay by submitting DD Form 2656-2, Survivor Benefits Plan (SBP) Termination Request to Defense Finance and Accounting Service. 
 
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 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.   
 
      Sincerely, 
           7/16/2020