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


Docket No. 1349-19 
Ref:  Signature Date 



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, sitting in executive session, considered your application on 6 March 2020. 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. 

You request that your record be corrected to reflect that you declined Reserve Component Survivor Benefits Plan (RCSBP) participation within 90 days of your notification of eligibility (NOE).  The Board, in its review of your entire record and application, carefully considered your assertions. 

However, the Board concluded that Department of Defense Financial Management Regulation (DoDFMR) 7000.14-R outlines the requirements to decline RCSBP participation prior to retirement. Public Law 99-145 of 8 November 1985 requires spousal concurrence to decline coverage. The Board concluded that you did not provide evidence to demonstrate that you elected not to participate in RCSBP coverage within the required 90 days of receipt of your NOE, or that your spouse concurred. Moreover, 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, within 25 to 36 months from 30 August 2019, the date you began receiving retired pay. 

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.