DEPARTMENT OF THE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH:mh
Docket No: 1852-99
2 June 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 2 June 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.
opinion furnished by BUPERS memorandum of 21 April 1999, a copy of which is attached.
In addition, the Board considered the advisory
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.
to keep in mind that a presumption of regularity attaches to all official records.
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.
In this regard, it is important
Consequently,
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
WILLINGTON TN 2805 5-0000
5720 INTEGRITY DRIVE
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
mva
RECORDS
(BCNR)
Via:
Assistant for BCNR Matters
(NPC-OOXCB)
Subj:
COMMENTS
TION ICO PO2
DOCKET NO.
Ref:
(a) BCNR memo Pay of 31 Mar 99
(b)
(c) Public Law 105-85,
DOD Financial Management Regulation
Section 641 of 18 Nov 97
(Vol 7, Part
B)
Encl:
(1) DD Form 2656-2
Per reference (a), recommend the BCNR not correct PO2
1.
Minor's record to reflect that he is disenrolled from the
Survivor Benefit Plan
(SBP).
2.
This recommendation is based on the following:
PO2-
transferred to the Retired List on 31 August
His effective SBP enrollment date was 1 September 1997.
1997.
He was automatically enrolled.
a.
b.
Per reference
(b), the decision to participate or decline
SBP is irrevocable.
there is no eligible beneficiary due to death or divorce.
Additionally, a member who retires on or after 21 September 1972
has automatic participation at the maximum level, unless he/she
elects otherwise before retirement.
Discontinuation in SBP may take place when
Public Law 96-402 of 9 October 1980 permits withdrawal
for retirees rated totally disabled by the Department of
fromCSBP
Veterans Affairs (VA) for 5 continuous years since retirement or
10 continuous years beginning after retirement.
d.
PO2
qualifies f
has not provided evidence to indicate he
ination of SBP by any of the above criteria.
Per reference (c),
PO2
3.
SBP between his 25th and 3
(1 October 1999).
may terminate participation in
th of participation in the plan
Enclosure (1) is provided for that purpose.
Activities Branch
(Pers-622)
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