DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH:ddj
Docket No: 1922-01
8 May 2001
This is in reference to your provisions of title 10 of the
application for correction of your naval record pursuant to 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 8 May
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 naval record and applicable
statutes, regulations and policies. In addition, the Board considered
the advisory opinion furnished by BUPERS memorandum of 6 April 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
U
• DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
6
Apr
01
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS
Via: Assistant for BCNR Matters (PERS-OOZCB)
Subj:
Ref: (a) BCNR memo of 20 Oct 00
(b) The National Defense Authorization Act of FY-98
End: ~ DD Form 2656—2 dtd 24 Jul 98
1. Per reference (a), recommend BCNR not correc record to
reflect that he did not terminate
enrollment in the Survivor Benefit Plan (SBP) spouse coverage
category, with an effective date of 31 July 1998.
2. The recommendation is based on the following:
a. ~ to the Fleet Reserve on 1 April 1974. He enrolled
in spouse coverage category at that time.
b. Per reference (b), had the one-time
opportunity to discontinue participation in the SBP between 17
May 1998 and 16 May 1999. This provision of the law became
effective 17 May 1998. He, with the concurrence of his spouse,
exercised his option of terminate participation in SBP on 24
July 1998.
3. Enclosure (1) states in part “once you discontinue, you
cannot reenter the Plan. (NOTE: You may withdraw your request to
discontinue within 30 days after submitting this form to DFAS-
CL) .“ The Defense Finance and Accounting Service-Cleveland
(DFAS-CL) had no record of. requesting to withdraw his request
for termination.
red
Activities
Branch (PERS-622)
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