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

Docket No. 1609-19
Ref: Signature Date 

Dear , 

This is in reference to your application for correction of your spouse’s naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of your spouse’s naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establis 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 23 April 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 spouse’s naval record and applicable statutes, regulations and policies.

You requested to have your spouse’s record corrected to reflect him electing Reserve Component Survivor Benefit Plan (RCSBP) 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.  However, the Board concluded that the requirement for spouse concurrence on RCSBP elections to decline or opt for reduced coverage did not become effective until 1 January 2001 in accordance with Department of Defense Financial Management Regulation 7000.14-R. Prior to 1 January 2001, member’s that did not make an election within 90 days of receiving notification to participate in RCSBP were automatically enrolled in Option “A” – Declined Participation.  A review of Petty Officer  record indicates you both were sent separate correspondence via certified mail regarding eligibility to participate in RCSBP and the letters were both signed for on 26 March 1998.  However, there is no indication Petty Officer  made an election to participate in RCSBP, thereby rendering you ineligible for an RCSBP annuity. 

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.  

Sincerely,