Docket No. 7619-19
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 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, sitting in executive session, considered your application on 13 August 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 requested to decline participation in Survivor Benefits Plan (SBP).  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded SBP elections are irrevocable in accordance with Department of Defense Financial Management Regulation 7000.14R.  Additionally, spouse concurrence for declined, reduced or child only SBP coverage is required for elections made after 1 March 1986.  Furthermore, the policy stipulates service members may discontinue participation in SBP during a 1-year period, which begins on the second anniversary of the date of commencement of retired pay.  A review of your record indicates you were married at the time of your transfer to the Temporary Disability Retired List and would have been required to have spouse concurrence to decline SBP coverage.  Moreover, there is no indication that you have updated the Defense Enrollment Eligibility Reporting System (DEERS) or Defense Finance and Accounting Service (DFAS) of your 7 July 2017 divorce, or that you submitted DD Form 2656-2, Survivor Benefits Plan (SBP) Termination Request to discontinue SBP coverage during the aforementioned prescribed time, thereby rendering you ineligible to suspend SBP coverage. 
 
 
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,