DEPARTMENT OF THE NAVY 

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

DocketNo. 1738-17 
JUL 05 2017 

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 procedures that 
conform to Lipsman v. Secretary ofthe Army, 335 F. Supp. 2d 48 (D.D.C. 2004). You were 
previously denied relief by this Board on 20 April 2009, 6 October 2009, and 4 January 2010. 

A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 28 April 2017. 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 ofyour 
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. Per the Department ofDefense Financial Management Regulation 7000.14-R, 
Volume 7B, Chapter 43, an election of Survivor Benefit Plan (SBP) coverage is irrevocable, 
however, a member may voluntarily discontinue SBP participation during the 1-year period 
beginning on the second anniversary ofthe date of commencement ofretired pay. An SBP 
participant who is eligible to discontinue participation must send a written request to the Defense 
Finance and Accounting Services on DD 2656-2, SBP Termination Request. A request for 
termination that is not on DD 2656-2 or a request outside ofthe designated disenrollment 
window is not considered a valid request to discontinue. The Board concluded that you failed to 
request disenrollment from the SBP during the designated window. The Board noted that 
although you do not recall a "none" block, the DD Form 2656 that you and your spouse signed 
on 8 July 1998 provides the option to "elect not to participate in SBP" in Section 26(g). Instead, 
you and your spouse "elected coverage for spouse only" in Section 26(a). Furthermore, in 
Section 30, your spouse concurred with the SBP election and acknowledged that the election is 
irrevocable. 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 reconsideration petition are such that favorable 
action cannot be taken again. You are entitled to have the Board reconsider its decision upon the 
submission ofnew and material evidence. New evidence is evidence not previously considered 
by the Board. In the absence of sufficient new and material evidence for reconsideration, the 
decision of the Board is final, and your only recourse would be to seek relief, at no cost to the 
Board, from a court of appropriate jurisdiction. 

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