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

Docket No. 3849-19 
Ref: Signature Date 

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 relevant portions of your husband’s naval record and your application, 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 for Correction of Naval Records, sitting in executive session, considered your application on 2 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 husband’s naval record and applicable statutes, regulations and policies.
  
You requested to have your husband’s record changed to reflect him enrolling you into the Survivor Benefit Plan (SBP) as a result of not concurring with his election to decline.  You contend your signature was forged on DD Form 2656, Data for Payment of Retired Personnel declining SBP.  The Board, in its review of PettyOfficer Van Aalst’s record and application, carefully weighed all potentially mitigating factors, to include your assertions. However, the Board concluded that in accordance with Department of Defense Financial Management Regulation (DoDFMR) an SBP election is irrevocable.  A review of  record reflects his declination to participate in SBP with your concurrence.  Because, the Board is not an investigative body, there is no way to verify the allegations of your signature being forged; thereby rendering you ineligible for an SBP 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,