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

Docket No. 9435-16 

Dear 

This is in reference to your application for correction of your deceased husband's naval record pursuant to the provisions of IO USC 1552. 

A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 16 March 2017. Your allegations of error 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 deceased husband's naval record and applicable statutes, regulations and policies. The advisory opinion provided in Navy Personnel Command memo dated 30 January 2017 was sent to you on 13 February 2017 for an opportunity to comment prior to being considered by the Board. A copy ofthis advisory opinion is again enclosed. After the 30 day period for comment expired without a response, the case was presented to the Board. 

After careful and conscientious consideration ofthe entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. Although you provided a copy of the DD Form 2656 electing Survivor Benefit Plan (SBP) coverage, there is no record that the form was provided to the Defense Finance and Accounting Service. No premiums were ever paid for SBP coverage, which was reflected on the retiree account statements. Finally, your husband could have enrolled you in coverage during the open enrollment season which occurred from I October 2005 to 30 September 2006 but chose not do so. Accordingly, your application has been denied. The names and votes of the members ofthe panel will be furnished upon request. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to their understanding ofthe issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence ofrecord. It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 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 of probable material error or injustice. 

Sincerely, 

Executive Director