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 establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 22 October 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 participating in the Survivor Benefit Plan (SBP) with you as the benficiary.  The Board, in its review of his entire record and your application, carefully weighed all potentially mitigating factors, to include your assertions.  The Board concluded that Department of Defense Financial Management Regulation 7000.14-R outlines the requirements for SBP elections.  Specifically, elections must be made prior to retired pay becoming payable and the election to participate in or decline SBP is irrevocable.  A review of your spouse’s record reflects he declined coverage on 20 October 1998 with your concurrence and thereafter transferred to the Fleet Reserve effective 1 December 1998, thereby rendering you ineligible for an 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,