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

Docket No. 9832-16 
JUL 31 2017 

Dear

This is in reference to your application for correction of your deceased husband's naval record pursuant to the provisions of 10 USC 1552. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A three­member panel ofthe Board for Correction of Naval Records, sitting in executive session, considered your application on 17 May 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 HQMC memo [REDACTED] was sent to you on 27 March 2017 for an opportunity to comment prior to being considered by the Board. A copy of this 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. The only letter on file with Headquarters, United States Marine Corps is HQMC letter 1821 MMSR-5 dated 11 November1994, which states that your spouse made no election under the Reserve Component Survivor Benefit Plan (RCSBP). Furthermore, there is no election form on file with the Defense Finance and Accounting Service, which maintains all the RCS BP declination was not required. Finally, if there is no eligible beneficiary at that time of retirement, a service member must take active steps to elect and enroll a newly acquired beneficiary within 1-year ofacquiring such beneficiary. Nothing in the record demonstrates that your spouse took the necessary steps to enroll you in RCSBP spouse coverage within 1-year of your marriage. 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 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 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