DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 6823-20
Ref:  Signature Date 

Dear Ms.     ,

This is in reference to your application for correction of your spouse’s naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your spouse’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 11 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 spouse’s naval record and applicable statutes, regulations and policies. 

You requested to establish entitlement to Reserve Component Survivor Benefit Plan (RCSBP) annuity based on Senior Chief Petty Officer    full amount of retired pay. The Board, in its review of SCPO    weighed all potentially mitigating factors, to include your assertions.  The Board concluded that Department of Defense Financial Management Regulation 7000.14-R indicates the requirement for spousal concurrence on RCSBP elections became effective on 1 January 2001.  Prior to 1 January 2001, service members with spouse and or children that did not make an election within 90-days of receiving notification of eligibility (NOE) to receive retired pay at age 60 and participate in the RCSBP were automatically enrolled in Option A (Decline Coverage until Age 60). A review of SCPO record indicates the NOE was mailed to your husband and on 11 April 1998 notification of the RCSBP election options were sent to you via certified mail; SCPO   signed for the letter. Because SCPO    did not make an RCSBP election within 90-days of receiving his NOE, he was appropriately enrolled in Option A. Additionally, there is no record of your husband taking advantage of the Survivor Benefit Plan/RCSBP open enrollment period from 1 October 2005 through 30 September 2006, thereby rendering you ineligible for an annuity. 

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,
 
9/10/2021 
Deputy Director