DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 MEH:ddj
Docket No: 1956-01
12 June 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 12 June 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 BUPERS memorandum of 23 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. Documentary evidence, such as tax returns, car insurance, property deeds,
etc, must be provided to establish common law marriage. 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
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
23 Apr O1
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: Assistant for BCNR Matters (PERS-OOZCB)
= ot
Ref: (a) BCNR memo of 20 Oct OO s
(b) DoD Financial Management Regulation (Vol 7B)
(c) NPC ltr 5820 PO612/107-1 dtd 17 Apr Ol
1. Per reference (a), recommend BCNR not correct cP 0 -—_eliliigammes
record to reflect that his election under the Survivor Benefit
Plan (SBP) was changed from no beneficiary to spouse coverage.
2. The recommendation is based on the following:
a. CPO ims transferred to the Fleet Reserve on
1 July 1995. He enrolled in SBP spouse and child(ren) coverage
on 1 July 1995. He died 25 October 2000.
b. CPO Be ca SBP category was changed to no beneficiary
on 1 July 1995.
c. CPO @@MiMMmR married Ms. linings on 12 June 2000.
He died on 25 October 2000.
d. Per reference (b), a member who is participating with
spouse or spouse and child coverage and who does not have an
eligible spouse beneficiary may upon remarriage: resume coverage,
increase the level of coverage up to and including full retired
pay, or elect not to have spouse coverage resume. Additionally,
the spouse becomes an eligible beneficiary upon the first
anniversary of the marriage.
3. Mrs. SiBMebas not provided documentary evidence
establishing that she was married to the member for the required
period of time.
Head, Navy Retired Activities
Branch (PERS-622)
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