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

Docket No. 2450-18 
JUL O8 2019 

Dear , 

This is in reference to your application for correction of your deceased spouse's naval record pursuant to the provisions of Title 10 United States Code § 1552. After careful and conscientious consideration of the entire record, the 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 for Correction of a val Records, sitting in executive session, considered your application on 29 March 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. 

You requested to have your deceased spouse's record changed to reflect him electing Survivor Benefit Plan (SBP) with you as the beneficiary. The Board, in its review of his entire record and application, carefully weighed all potentially mitigating factors, to include your assertions. Nevertheless in accordance with Public Law 99-145 of 8 November 1985, the requirement for spouse concurrence on elections to decline or opt for reduced coverage did not become effective until 1 March 1986. The Board concluded your deceased spouse declined to enroll his eligible dependents for SBP and the declination was irrevocable. Additionally, there is no record of your deceased spouse taking advantage of the open enrollment periods subsequent to his retirement to elect SBP; thereby rendering you 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 and material evidence. ew evidence is evidence not previously considered by the Board. In this regard, it is important to keep in mind that a presumption of regulaiity 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