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

 
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 24 September 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 enrollment into Survivor Benefit Plan (SBP) and Veteran’s Group Life Insurance (VGLI).  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 you did not meet the eligibility criteria for SBP or VGLI.  In accordance with Department of Defense Financial Management Regulation 7000.14-R, SBP elections must be made prior to receiving retired pay and the election is irrevocable.  Additionally, per Department of Veterans Affairs, retirees must elect VGLI within 1 year and 120 days of retiring.  A review of your record indicates that you declined to participate in SBP on 21 June 2007 with your spouse’s concurrence on 26 June 2007 and there is no evidence, nor did you provide proof of electing VGLI within the aforementioned specified timeframe.  For these reasons, the Board could not honor your requests for enrollment into SBP or VGLI.  
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
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,