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
NAVY | BCNR | CY2006 | 07937-06
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 Memo of 27 Nov 06, 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...
NAVY | BCNR | CY2002 | 07810-02
SCPO Benefit Plan (SBP) using his full retired pay as his base amount prior to transferring to Fleet Reserve. The recommendation is based on the following: a. SCPO transferred to the Fleet Reserve on He enrolled in the Survivor Benefit Plan (SBP) 31 August 1980. spouse only coverage category at the minimum base amount of $300.00. The enclosure indicates b. and he had two other opportunities ?had three subsequent opportunities to base amount for the SBP after his The first was during the 1...
NAVY | BCNR | CY2013 | NR6055 13
In May 2013, Petitioner a _— my applied deceased former spouse's to BCNR re ing to correct her " |g record to show that he elected former spouse coverage within one year of his divorce, pursuant to a divorce decree, enclosure (1). to DFAS requesting former spouse SBP coverage within one year of their divorce, as required by law. Although the Board recognized that Petitioner, at that time, did not submit a deemed election within one year from the date of divorce as required by law, the...
NAVY | BCNR | CY1999 | 08749-98
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. 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. Title 10, U.S. Code, Section 1448(f) SBP participants with spouse coverage who become divorced and desire to maintain...
NAVY | BCNR | CY2007 | 08847-07
The Defense Finance and Accounting Service (DFAS) has no record of receiving your letter dated 16 February 1990 or any other request to elect or deem former spouse coverage within one year of your divorce. His SBP spouse category premiums were suspended effective 7 March 1989. c. Per reference (b), if a member was required to elect former spouse coverage by a court order, incident to a proceeding of divorce, dissolution, or annulment, the member may elect to change to former spouse category...
NAVY | BCNR | CY2002 | 10865-02
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 MEH: ddj Docket No: 10865-02 22 January 2003 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 22 January 2003. were reviewed in accordance with administrative...
NAVY | BCNR | CY2007 | 08573-07
8573-07 29 January 2008DearThis is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 January 2008. 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. ...
ARMY | BCMR | CY2015 | 20150002298
An email from DFAS confirmed the following: * the applicant notified DFAS of his divorce on 14 July 2014 * his premiums were suspended that same day * currently the applicant does not show a beneficiary for SBP * he requested reimbursement of all SBP premium payments dating from his divorce on 7 May 2003; a credit was issued for the past 6 years * the credit was given on 4 September 2014 7. The applicant provides: a. As a result, the Board recommends that all Department of the Army records...
NAVY | BCNR | CY2002 | 08054-02
Your allegations of error and session, considered injustice were reviewed to the proceedings of this your application, together naval record and the advisory opinion fumis attached. Chief Petty Officer voluntarily change (SBP) from spouse t year of his divorce of 27 Sep 02 ference (a), P recommend the BCNR not correct record to reflect that he former ction under the Survivor Benefit Plan spouse category coverage within one 2. I year period, the De (DFAS -CL ) will auto deductions...
NAVY | BCNR | CY1999 | 01852-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 June 1999. 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. Additionally, a member who retires on or after 21 September 1972 has automatic participation at the maximum level, unless he/she elects otherwise...