DEPARTMENT OF THE NAVY I 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No. 7882-16 

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 20 October 2016. Your allegations oferror 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 ofyour application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. 

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. Prior to being eligible to receive retired pay at the age of 60 dated 26 June 2014, you completed and signed a DD Form 2656 on 18 March 2014 electing not to participate in the 
Survivor Benefit Plan (SBP). Specifically, the Board noted that in accordance to DoD Financial Management Regulation Volume 7B, Chapter 43, states that a member who declines coverage is prohibited from electing into the plan, except under section 4308 where you would be allowed to make changes to your SBP participation only through open season authorized by Congress. There is currently no known pending legislation to authorize a new open enrollment period. 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 ofan official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Sincerely, 


Executive Director