DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
MEH:ddj
Docket No: 28
16 October 2001
12-01
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 in executive
session, considered your application on 16 October 2001.
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
and applicable statutes, regulations and policies.
opinion furnished by NPC memorandum of 7 September 2001, a copy of which is attached.
’s naval record
In addition, the Board considered the advisory
Your allegations of error and injustice
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,
ofticial naval record, the burden is on the applicant to
when applying for a correction of an
demonstrate the existence of probable material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAV
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
Y
7 Sep 01
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS (BCNR)
Via:
Subj:
Ref:
Assistant for BCNR Matters
(PERS-OOZCB)
COMMENTS AND RECOMME
USN(RET.) ( DECEASED ) ,
POS
DO
(a) BCNR memo of 30 Jul 01
.
Per reference (a), recommend the BCNR not correct
1.
Senior Chief Petty Officer
voluntarily changed his election under the Survivor Benefit Plan
(SBP) from spouse to former spouse coverage category within one
year of his divorce.
effect spouse category coverage within one year of his
remarriage.
Additionally, that he did not voluntarily
ecord to reflect that he
2.
The recommendation is based on the following:
enior Chief Petty Office
were married on 5 Decemb
5 August 1983 and remarried on 29 June 1985.
Officer
died 22 January 2001.
and Mrs:
hey were
on
Senior Chief Petty
b.
Senior Chief Petty Officer,
Fleet Reserve on 28 February 1982.
to participate in SBP.
transferred to the
At that time he elected not
C .
Public Law 99-145 of 8 November 1985, but effective
1 March 1986 requires a married member who elects SBP coverage
for less than maximum coverage for the spouse, to obtain the
Senior Chief Petty
concurrence of the spouse in writing.
Officer-was no
concurrence to decline participation at the time of his
retirement.
t required to obtain his spouse's
d.
Title 10, United States Code, Section 1448(b)
(3), requires
that SBP participants with spouse coverage who become divorced and
desire to maintain their former spouses as their beneficiaries
must specifically elect such coverage within one year after the
date of divorce.
Finance and Accounting Service-Cleveland (DFAS-CL) will
automatically terminate coverage upon receiving information
regarding their divorce.
If nothing is done after one year, the Defense
Subj:
COMMENTS AND RECOMMEN
USN(RET.) (DECEASED),
CPOS
,
DO
3.
Pro
-was specifically required or desired to provide SBP
has not provided
divorce decree) that Senior Chief Petty Officer
A
-sufficient evidence (i.e.
\
coverage for her as either his
mer spouse.
Head, Retired Admin Section,
Casualty Assistance and
Retired Activities
Division (PERS-62)
2
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