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

Docket No. 7393-18
 
Dear   
 
This is in reference to your application for correction of your 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 for Correction of Naval Records, sitting in executive session, considered your application on 30 August 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 naval record and applicable statutes, regulations and policies. 
 
On 6 October 1990, you married   On 25 September 2005, you completed 20 years of satisfactory service.  You received a Notification of Eligibility (NOE)  to receive retired pay at age 60 and participate in the Reserve Component Survivor Benefit Plan (RCSBP) letter date 3 December 2005.  On 1 May 2012, you were transferred to the Retired Reserve.  On , when you turned 60, you were authorized to receive retired pay.   
 
You requested to rescind your Reserve Component Survivor Benefit Plan (RCSBP) election from 14-years ago.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded RCSBP and Survivor Benefit Plan (SBP) elections are irrevocable unless specific circumstances delineated in the Department of Defense Financial Management Regulation (DoDFMR) 7000.14-R are met.  Your spouse’s health deterioration is not one of the outlined conditions.  Conversely, in accordance with DoDFMR 7000.14-R, you may discontinue your SBP election by submitting DD Form 2656-2, Survivor Benefits Plan (SBP) Termination Request between 25 and 36 months from ; the effective date you began receiving retired pay.  However, Public Law 99-145 of 8 November 1985 requires spouse concurrence to decline or opt for reduced coverage.   
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon 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.