DEPARTMENT OF THE NAVY 

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

Docket No. 7409-16 

Dear , 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of 10 USC 1552. Your case was reconsidered in accordance with new Board for 
Correction ofNaval Records procedures that conform to Lipsman v. Secretary ofthe Army, 
335 F. Supp. 2d 48 (D.D.C. 2004). Your case was previously reviewed by the Board and denied 
relief on 19 June 2015. 

A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 6 October 2016. Your allegations oferror and injustice were 
reviewed in accordance with administrative regulations and procedures applicable to the 
proceedings ofthis 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, be advised that the Board regulations state 
personal appearances before the Board are not granted as a right, but only when the Board 
determines that such an appearance will serve some useful purpose. In your case, the Board 
determined that a personal appearance was not necessary and considered your case based on the 
evidence ofthe record. 

After careful and conscientious consideration ofthe entire record, the Board determined that 
while your request does contain new information not previously considered by the Board, 
specifically your attendance at an educational institution in your case does not warrant 
relief. Accordingly, your application has been denied. The names and votes ofthe members of 
the panel will be furnished upon request. 

The Board, in its review ofthe entire record and application, carefully weighed all potentially 
mitigating factors, such as your desire to establish former spouse coverage under the Survivor 
Benefit Plan (SBP) and your claim that the signature on the Navy Retired/Retainer Pay Data 
form dated 15 July 1996 was not your own. The Board determined that there was insufficient 
evidence to support your claim of fraud. Ifthe evidence is determined to be insufficient to 
support a claim, the Board presumes regularity ofthe record. Applicable regulations require that 
a service member with eligible beneficiaries accept or decline coverage under the Survivor 
Benefit Plan prior to retirement. The Board determined that the form signed and submitted 
on 15 July 1996 declining coverage was complete. Other than your claim of fraud, no additional 
evidence was supported to indicate that fraud occurred. No premium payments were paid. 
Additionally, even if coverage had been established at the time ofretirement, your divorce on 
12 November 2003 would have terminated your coverage unless your spouse had elected former 
spouse coverage, which was not ordered per the divorce decree which you provided. In regards 
to the additional entitlements you included in your request, you will have to speak directly with 
the Department ofVeterans Affairs (VA) on matters pertaining to Dependency and Indemnity 
Compensation (DIC) and with the Defense Enrollment Eligibility Reporting System (DEERS) on 
matters pertaining to former military spouse entitlements. The Board does not have cognizance 
over these departments and cannot assist with the portions ofyour request that relate to these 
departments. 

It is regrettable that the circumstances ofyour case are such that the Board will not process any 
additional reviews and this matter is considered a final action. However, ifyou wish to continue 
to seek relief you will need to present your concerns to a court ofappropriate jurisdiction. 

Sincerely, 


Executive Director