DEPARTMENT OF THE NAVY 

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

Dear , 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of 10 use 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 case on its merits. A three-member 
panel of the Board for Correction ofNaval Records, sitting in executive session, considered your 
application on January 25, 2018. The names and votes of the members ofthe panel will be 
furnished upon request. 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 of your application, together with all 
material submitted in support thereof, relevant portions of 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 of probable material error or 
injustice. On September 21, 1972, Public Law 92-425 established the Survivor Benefit Plan 

(SBP) to provide a survivor benefit program for military personnel in retirement to complement 
the survivor benefits under Social Security laws. The Plan gives all retiring Uniformed Services 
retirees an opportunity to elect to have their retired pay reduced by a designated amount in order 
to provide their survivors an annuity payable after the retiree's death. Per the Department of 

Defense Financial Management Regulation, Volume 7B, Chapter 42, service members who 
retired before September 21, 1972, could enroll in the SBP during the open enrollment period 
which ran from September 21, 1972 until March 20, 1974. Members electing SBP coverage 
must pay a premium for such coverage. Premiums are collected either through reduction of 
retired pay or direct remittance. Monthly premiums for SBP coverage are based on the type of 
coverage and the base amount, maximum or reduced, as elected by the member. 

The Board carefully considered your assertion that you should continue receiving your husband's 
pension due to his 20 years ofmilitary service. Unfortunately, a review of your husband's 
official military personnel file and applicable retiree benefits portals did not produce evidence 
that SBP enrollment was elected. It does not appear that your husband enrolled in the SBP 
during the initial open enrollment period, nor the four additional open enrollment periods that 
occurred subsequently. Further, there is no evidence that enrollment was elected under the 
Retired Serviceman's Family Protection Plan (RSFPP), the SBP's predecessor. Finally, no 
premiums for coverage were withheld from your husband's monthly retirement payment. 
Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director