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Decision Text

NAVY | BCNR | CY1999 | 00148-99
Original file (00148-99.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS

Y

2 NAVY ANNEX

WASHINGTON DC 20370-5100

MEH: ddj
Docket No: 148-99
13 April 1999

This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the United States Code, section 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 13 April 1999. 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, your naval record and
applicable statutes, regulations and policies.
In addition, the Board considered the advisory
opinion furnished by BUPERS memorandum of 18 March 1999, a copy of which is attached.

After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error or
injustice.
In this connection, the Board substantially concurred with the comments contained in
the advisory opinion. Accordingly, your application has been denied. The names and votes of
the members of the panel will be furnished upon request.

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 and material
evidence or other matter not previously 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,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAVY

NAVY  PERSONNEL  COMMAND

5720 

INTEDRITY  DRIVE

MILLINDTON  TN 

36055-0000

18 Mar 99

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS (BCNR)

Assistant for BCNR Matters (NPC-OOZCB)

Via:

Subj:

Ref:

1.

(a) BCNR memo Pay of 11 Feb 99
(b) General Accounting Office (GAO) Act of 1974

Per reference (a),

recommend the BCNR not correct SCPO
-record to reflect that he is to be reimbursed for

Survivor Benefit Plan (SBP) premiums paid for spouse coverage
since his first divorce in 1982.

2.

‘This recommendation is based on the following:

Szptember 1975 and the Retired List on 1 August 1983.

transferred to the Fleet Reserve List on

29

29 September

1975.

effective SBP enrollment date was

were divorced

Per reference (b),

3.
amended by the GAO of 1974 (31 U.S.C.  
the federal government that are not received by GAO within six
years of the date such claims accrued.

the Barring Act of 9 October 1940, as

71a),  bars claims against

Per enclosure  

(l), information on what to do when divorced

4.
has been available to SCPO
Colors.
from the Defense Finance and Accounting Service
(DFAS-CL) showing his retired pay and how it is distributed.

he receives a Retired Account Statement

repeatedly via the Shift

Additionally,

- Cleveland  

 

.

5
b

has been reimburse

e SBP premiums

etired 

Acti



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