Docket No.  10481-18 
Ref: Signature Date 

Dear

This is in reference to your application for correction of your deceased spouse’s naval record pursuant to Title 10, United States Code, section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.
  
A three-member panel of the Board, sitting in executive session, considered your application on 23 October 2019.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error 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 deceased spouse’s naval record, and applicable statutes, regulations, and policies.
  
Based on your inability to nonconcur with your deceased spouse’s declination to enroll in the Survivor Benefit Plan (SBP),  you request to have your deceased spouse’s record changed to reflect that he enrolled in the SBP at the time of his retirement.  The Board, in its review of Petty Officer entire record and your application, carefully considered your assertions.  Unfortunately, Public Law 99­145 of 8 November 1985 did not make spouse concurrence on elections to decline or opt for reduced coverage a requirement until 1 March 1986.  Petty Officer retired on 30 January 1976.  The Board concluded your deceased spouse declined to enroll his eligible dependents for SBP, and the declination was valid and irrevocable. Additionally, because there is no record of Petty Officer taking advantage of the open enrollment periods subsequent to his retirement, you are ineligible for an annuity.
  
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 matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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,