DEPARTMENT OF THE NAVY 

SOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 5432-16 
NOV 16 2016 

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 ofNaval Records, sitting in executive session, 
considered your application on 1 September 2016. Your allegations of error and injustice were 
reviewed in accordance with administrative regulations and procedures applicable to the 
proceedings ofth.is 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. 

After careful and conscientious consideration ofthe entire record, the Board found that the 
evidence submitted was insufficient to establish the existence ofprobable material error or 
injustice. Department of Defense 7000.14-R Financial Management Regulation Volume 7B, 
Chapter 54 paragraph 540301 states: "Any member who is notified of his or her completion of 
the years of service required for retired pay eligibility for non-regular retirement may elect to 
participate in RCSBP before the end ofthe 90-day period. A member who is married or has a 
dependent child, and who receives notice of eligibility for retired pay, after January 1, 2001, is 
automatically a participant in RCSBP unless the member elects (with spousal concurrence, if 
required) not to participate before the end ofthe 90-day period." Furthermore, paragraph 540601 
states: "Elections filed during the 90-day period referred to in paragraph 540401 are generally 
irrevocable unless revoked before the expiration ofthe 90-day period. Moreover, paragraph 
430401 states: "An election is irrevocable, except under the following circumstances ... B. A 
member may voluntarily discontinue SBP participation during the 1-year period beginning on the 
second anniversary ofthe date of commencement of retired pay." Accordingly, your application 
has been denied. The names and votes ofthe members ofthe panel will be furnished upon 
request. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon submission ofnew 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 ofregularity 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 ofprobable material error or injustice. 

Sincerely, 

Executive Director