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

Docket No.7695-18 
Ref:  Signature Date 

This is in reference to your application of 12 September 2018 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 that 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 15 November 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, and applicable statutes, regulations, and policies. 

You requested that your record be changed to reflect that you declined Survivor Benefits Plan (SBP) participation at the time of retirement and receive a refund for premiums paid.  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 that Department of Defense Financial Management Regulation (DODFMR) 7000.14-R outlines the requirements to decline SBP participation prior to retirement.  Public Law 99-145 of 8 November 1985 requires spouse concurrence to decline coverage.  Additionally, DODFMR 7000.14-R provides the guidelines on discontinuing SBP participation.  The Board felt you did not provide evidence to demonstrate that you intentionally opted not to participate in SBP coverage, or that you had spousal concurrence prior to your transfer to the Fleet Reserve effective 1 November 2003. 

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 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, 


2/20/2020