DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHINGTON, D.C. 203704100
Docket No: 7682-98
9 March 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 9 March 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 23 December 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. 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
NAW PERSONNEL COMMAND
5720
INTEDRITY DRIVE
MILLINDTOW TN
3.05 5-0000
23
Dee 98
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS (BCNR)
Via:
Assistant for BCNR Matters
(NPC-OOXCB)
Ref:
(a) BCNR memo Pay of 25 Nov 98
(b) DOD Financial Management Regulation
(Vol
7B)
Per reference (a),
1.
Olinger's record to reflect that he enrolled his adopted son in
the Survivor Benefit Plan
anniversary.
(SBP) prior to the one year adoption
recommend the BCNR not correct Chief
2.
This recommendation is based on the following:
a.
Chief Olinger transferred to the Feet Reserve on 2 August
He enrolled in SBP
1976 and the Retired List on 1 April 1984.
spouse coverage upon transferring to the Fleet Reserve.
b.
Per reference
(b),
if a member has no children and
include the children with coverage previously
within
1 year of acquisition
elected spouse only, he or she may,
of the children,
elected for spouse.
3.
enroll his new child in SBP.
Chief Olinger has waited over 6 years before attempting to
The National Defense Authorization Act for F'Y 1999 provides
4.
for an SBP open enrollment period beginning 1 March 1999.
Information about the open season will appear
edition of the Shift Colors.
opportunity to enroll his
Chief Olinger will have an
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