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, sitting in executive session, considered your application on 18 December 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.   
 
You request to be removed from Reserve Component Survivor Benefits Plan (RCSBP) coverage.  The Board, in its review of your entire record and application, carefully considered your assertion that you never enrolled in the RCSBP.  However, the Board concluded that, on 21 September 2004, you were automatically enrolled in RCSBP, Option C (Immediate Annuity), full retired pay, spouse only, because you failed to respond to the 23 June 2004, Notification of Eligibility letter to receive Retired Pay at/or beyond the age of 60 in addition to the Reserve Component Survivor Benefit Plan, and therefore your spouse has been protected since 21 September 2004.  The Board noted that Public Law 105-85, enacted on 18 November 1997, authorized Survivor Benefit Plan (SBP) participants—which you transitioned to once you began collecting retired pay on 1 August 2018—to voluntarily discontinue participation during the one-year period beginning on the second anniversary of the date of commencement of receiving retired pay, but no later than the third anniversary of the date of commencement of receiving retired pay.   Accordingly, you have the ability to submit your request to the Defense Finance and Accounting Service (DFAS) to suspend your SBP coverage at that time. 
 
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 matters.  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.