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

Docket No. 2246-19 
Ref:  Signature Date 

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 Naval 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 that                  record be changed to reflect you, as his spouse, are entitled to Survivor Benefits.  The Board, in its review of your deceased spouse’s entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  Nevertheless, the Board concluded that failed to advise Navy Personnel Command of your marriage (XXX) prior to his death (XXX), and you were not entered into Defense Enrollment Eligibility Reporting System (DEERS) as his spouse until  February 2019.  As a result, the Board felt there was no way to determine his desire regarding you being the beneficiary of his RCSBP and you did not provide adequate documentation to change the record to reflect you submitting an annuity claim within 6-years of his death.  Furthermore, your deceased husband’s daughter (XXX) was in receipt of SBP annuity, as stipulated in his divorce decree, dated  XXX. 

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.  New evidence is evidence not previously 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,