Y
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH: ddj
Docket No: 8749-98
23 March 1999
Dear
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 23 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.
‘6pinion furnished by BUPERS memorandum of 16 February 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
NAVY PERSONNEL COMMAND
INTEDRITY DRIVE
5720
MILLINOTON TN
28055-0000
16 Feb 99
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS (BCNR)
Via:
Assistant for BCNR Matters (NPC-OOZCB)
Subj:
COMMENTS AND RECOMMENDA
Ref:
(a) BCNR Pay memo of 27 Jan 99
1.
Per reference
ecord to reflect he
e
Survivor Benefit Plan (SBP) from no beneficiary to former spouse
coverage after more than one year of his divorce.
(a), recommend the BCNR not correct
cha?ged his election un
2.
This recommendation is based on the following:
a.
1988.
transferred to Retired List on 1 September
.
b.
23 December 1996.
and
were divorced on
C .
Title 10, U.S. Code,
Section 1448(f)
SBP participants with spouse coverage who become divorced and
desire to maintain their former spouses as their beneficiaries
specifically elect such coverage within one year after the date
of divorce.
(3), requires that
d.
Title 10, U.S. Code, Section 1450(f)(3), permits former
spouses to have court-ordered SBP elections deemed on members'
behalf if members do not voluntarily change their elections
during the one-year timeframe.
submit a written request to the Defense Finance and accounting
Service, Cleveland (DFAS-CL) within one year of the date of the
court order.
deadline by which the member may make the change voluntarily.
A former spouse must submit the request before the
To do so, a former spouse must
Subj:
The National Defense Authorization Act of FY 1999 provides
3.
It offers retirees who have
for an SBP open enrollment period.
missed their eligible enrollment period an additional opportunity
to enroll in this program.
Mprch 1) 1999 through February 28, 2000.
andpay apply
timeframe.
appear in the Spring 1999 Shift Colors (the quarterly newsletter
for retirees).
advertised this opportunity both prior to and during the open
season.
Additionally, fraternal organizations will
*for SBP former spouse coverage during this
Application forms and eligibility information will
The open enro
’ d runs from
is eligible
etired Activities Branch
2
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