DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 
  
Dear :  
 
This is in reference to your application for correction of your father’s () naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your father’s naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 5 August 2021.  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 father’s naval record and applicable statutes, regulations and policies. 
 
You requested retroactive survivor annuities as a result of your father’s death on 2 July 1969.  The Board, in its review of  entire record and your application, carefully weighed all potentially mitigating factors, to include your assertions.  A review of your father’s record indicates he elected “an annuity payable to or on behalf of my widow” on 21 January 1961.   transferred to the Retired Reserve awaiting pay at age 60 effective 1 July 1969.  The Board concluded that in accordance with Comptroller General Notification of 7 August 1959, in the situation where the service is not in a position to determine conclusively that an annuity was or was not issued, there is no choice but to deny the claim.  Because of the unavailability of records, and the untimeliness of the claim, there is no way to confirm if an annuity was paid, therefore the Board was unable to render relief. 
 
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, 
9/14/2021
Deputy Director