Search Decisions

Decision Text

NAVY | BCNR | CY2001 | 01922-01
Original file (01922-01.doc) Auto-classification: Denied



                           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)

Similar Decisions

  • NAVY | BCNR | CY2001 | 03954-01

    Original file (03954-01.pdf) Auto-classification: Denied

    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. 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. (SBP) Termination Request.

  • NAVY | BCNR | CY2002 | 00236-02

    Original file (00236-02.pdf) Auto-classification: Denied

    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. ,,- -- _ - “ - _ it is clear that Senior Chief Bennett is not aware of Based on information contained in his application and the 3. enclosure, the criteria or procedures required to withdraw from the SBP. In response to Senior Chief * 4. widow can receive both SBP and portion of any SBP...

  • NAVY | BCNR | CY2002 | 10865-02

    Original file (10865-02.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 MEH: ddj Docket No: 10865-02 22 January 2003 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 22 January 2003. were reviewed in accordance with administrative...

  • NAVY | BCNR | CY2003 | 05676-03

    Original file (05676-03.pdf) Auto-classification: Denied

    Based on information contained in his application, it is clear that-is not aware of the criteria or procedures required to withdraw from the SBP. Reference (b) also states, in part, that a retired member was permitted to discontinue participation in the SBP during the period 17 May 1998 to 16 May 1999. retired pay, his Program Manager Survivor Benefit Plan, Retired Activities and GI Bill Programs Branch (PERS-664) DEPARTMENT O F THE NAVY NAVY PERSONNEL COMMAND 5720 INTEGRITY...

  • NAVY | BCNR | CY2001 | 02981-01

    Original file (02981-01.pdf) Auto-classification: Denied

    law also provides a one- 17,1998, for the date two Ellglble Participants: A member participating in may submit a request to voluntarily discontinue participation in SBP during the beginning on the second m,emben whose second anniversary 16,1999 submit a request to discontinue. ’s participation shall terminate on the first day of the Termination of Participation In SBP 27,1998 April OH/StJzla-d8WO .I ‘shift Colors The Newsletter for Navy Retirees cc> Bureau of Naval Personnel MEMORIAL DAY...

  • NAVY | BCNR | CY2003 | 00734-03

    Original file (00734-03.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 April 2003. 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. automatically b. public Law 105-85 enacted 18 November 1997, authorized SBP participants to voluntarily discontinue SBP participation during the one-year period beginning on...

  • NAVY | BCNR | CY2002 | 07794-02

    Original file (07794-02.pdf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your former spouse naval record and applicable statutes, regulations and policies. ’s In addition, the Board considered 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. letter from DFAS-CL dated 14 June 1999 which...

  • NAVY | BCNR | CY2001 | 08438-01

    Original file (08438-01.pdf) Auto-classification: Denied

    When you were divorced in November 1999 the court ordered you to furnish your former spouse with SBP coverage. In response to reference (a), recommend the BCNR not correct Petty Officer -record changed his election under the Survivor Benefit Plan (SBP) from spouse to former spouse coverage category within one year of his divorce. Additionally, a member who refuses coverage for an eligible spouse in favor of children only category is prohibited from electing spouse coverage at a later date...

  • NAVY | BCNR | CY2007 | 08624-07

    Original file (08624-07.rtf) Auto-classification: Denied

    8624-0711 December 2007 DearThis is in reference to your application for correction of your naval record pursuant to the provisions of 10 Usc 1552.A three—member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 December 2007. In addition, the Board considered the advisory opinion furnished by NPC Memo dtd 7 Nov 07, a copy of which is attached.After careful and conscientious consideration of the entire record, the Board found...

  • NAVY | BCNR | CY2001 | 05755-01

    Original file (05755-01.pdf) Auto-classification: Denied

    the advisory opinion furnished by NPC memorandum of 1 October 2001, a copy of which is attached. 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. Title 10, U.S. Code, Section 1448(b)(3), requires that SBP spouse coverage who become divorced and desire former spouses as their beneficiaries must participants with to maintain their specifically elect such coverage...