DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370.510
0
MEH:ecb
Docket No: 881-01
17 July 2001
This is in reference to your application for correction of your deceased spouse’s 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 17 July 2001. 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 spouse’s naval record
and applicable statutes, regulations and policies.
In addition, the Board considered the advisory
opinion furnished by NPC memorandum dated 6 June 2001, 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
N AVY PERSONNEL COMMAN
5720 INTEGRITY DRIVE
MILLINGTON TN 380550000
D
6 Jun 01
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Subj:
Ref:
Assistant for BCNR Matters (PERS-OOZCB)
(a) BCNR memo of 3 May 01
------
-
(1) Statement of Service case of PO1 Peter B. King
Encl:
Per reference (a),
1.
record to reflect that he was eligible to participate
Survivor Benefit Plan (SBP) effective 1.2 March 1980.
recommend BCNR not correct PO1
2.
The recommendation is based on the following:
ed while on active duty on 12 March 1980.
b.
Title 10, U.S. Code, Section 1448 (d), states that
the Secretary concerned shall pay an annuity under this
subchapter to the surviving spouse
duty after:
of a member who dies on active
(a) becoming eligible to receive retired pay;
(b) qualifying for retired pay except that he has not
applied for or been granted that pay; or
(c) completing 20 years of active service but before he
is eligible to retire as a commissioned officer because he has
not completed 10 years of active commissioned service.
Enclosure (1) indicates that PO
3.
required service, 20 years
In view of the above, Mrs.
annuity.
did not complete the
gible for retired pay.
eco
is not eligible for an SBP
Head, Retired Admin Section
Casualty Assistance and
Retired Activities
Division (PERS-62)
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