DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1170-16 Dear This is in reference to your application for correction of your 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 7 March 2016. 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 naval record and applicable statutes, regulations and policies. In regard to your request for a personal appearance, Board regulations state that a personal appearance before the Board is not granted as a right, but only when the Board determines that such an appearance will serve some useful purpose. The Board determined that a personal appearance was not necessary and considered your case based on the evidence of the record. 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. Per the Department of Defense Financial Management Regulation, Volume 7B, Chapter 54, a service member must elect or decline a Reserve Component Survivor Benefit Plan (RCSBP) annuity and, if an election is made, must designate a beneficiary and choose either an immediate or deferred annuity within 90 days of his receipt of notice of retirement eligibility. You and your spouse chose Option C, immediate child only SBP coverage' and thereby declining RCSBP spouse coverage. Written spousal concurrence is required when declining RCSBP spouse coverage. The signature of the spouse must be notarized, which provides certification that the spouse reviewed and signed the form. A member with an eligible spouse on the date of retirement who declines spouse coverage is prohibited from electing into the RCSBP outside of open season enrollment periods. An election of Survivor Benefit Plan (SBP) spouse coverage can be made immediately prior to receipt of retirement with pay by submitting a timely DD Form 2656 to the Defense Finance and Accounting Service (DFAS). 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 evidence within one year from the date of the Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in this case. 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, Executive Director