DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
MEH:ddj
Docket No: 118-01
6 November 2001
This is in reference to your application for correction of your deceased spouse
pursuant to the provisions of title 10 of the United States Code, section
1552.
’s naval record
A three-member panel of the Board for Correction of Naval Records, sitting
session, considered your application on 6 November 2001.
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 spouse
’s naval
record and applicable statutes, regulations and policies.
In addition, the Board considered the
advisory opinion furnished by CMC memorandum 1760 MMSR-6J of 24 October 2001, a copy
of which is attached.
in executive
Your allegations of error and
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.
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.
Consequently,
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAV
HEADQUARTERS UNITED STATES MARINE
3280 RUSSELL ROA
QUANTICO, VIRGINIA
D
22131-5103
Y
CORP
S
IN REPLY REFER TO:
176 0
MMSR-6J
24
Ott 01
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
TE MAJOR
Ref:
(a) MMER Route Sheet of
40ct01, Docket No. 0118-01
The reference requests an advisory opinion on Mrs.
1.
petition to correct her late husband's records to show that he
was enrolled in the Survivor Benefit Plan with spouse coverage
when he died on 17 January 2000.
2.
Major
currence is shown on t
transferred to the Retired List on 1 Februarv
videnced by the DD Form 2656 enclosed with Mrs.
etition, Ma
eclined SBP coverage on
1995.
tarized signature of con-
d
Mrs.
states in the petition that the form (2656) was
3.
"never explained" prior‘to her signing the document.
her witnessed signature on the form validates
election of no coverage.
Y
elected no SBP coverage
w:th the required spousal concurrence.
He, therefore, was not enrolled in the SBP at time of his death.
Unfortunately, Major
However,
We must regretfully recommend that Mrs.
4.
not be granted favorable consideration.
petition
Head, Separation and
Retirement Branch
By direction of the Commandant
of the Marine Corps
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