DEPARTMENT OF THE NAV

Y
BOARD  FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

MEH:ecb
Docket No: 2981-01
17 July 2001

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 17 July 2001. Your allegations of error and injustice
were reviewed in accordance with administrative regulations and procedures applicable to the
this- Board. Documentary material considered by the Board consisted of your
proceedings of 
application, together with all material submitted in support thereof, your naval record and
applicable statutes, regulations and policies.
opinion furnished by NPC memorandum dated 4 June 2001, a copy of which is attached.

In addition, the Board considered the advisory

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. Also noted was the fact you did not provide written concurrence with
your request from your spouse. 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.
to keep in mind that a presumption of regularity attaches to all official records.
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.

In this regard, it is important
Consequently,

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAVY
CohmAND

PE RS ONNEL 

NAVY 

5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

4 Jun 01

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Assistant for BCNR Matters (PERS-OOZCB)

(a) BCNR memo of  3 May 01
(b) The National Defense Authorization Act of FY-98
(c) Assistant Secretary of Defense memo dtd 6 May 98

fi

Via:

Subj:

Ref:

.

1.

Per reference (a), recommend BCNR not correct CAPT

record to reflect that he terminated enrollment in

the Survivor Benefit Plan (SBP) spouse coverage category.

2.

The recommendation is based on the following:

vransferred  to the Reserve Retired List
(without pay) on 1 October 1991. He elected immediate
spouse category coverage on 19 September 1979.
became eligible for retired pay on 13 June 1997.

b.

Per reference (b),
opportunity to discontinue
13 July 1999 and 13 June 2000.
This provision of the law
became effective 17 May 1998.
He did not exercise his
option of terminate participation during that timeframe.

had the one-time
ion in the SBP between

The services were directed to publish in

The provisions of reference (c), provided implementing

3.
administrative guidance to the services regarding
reference (b).
their newsletters an announcement that the one-year
termination period began 17 May 1998, and to describe the
appropriate procedures for requesting termination.
required the Director,
Service (DFAS) to ensure that all retirees were informed of
their eligibility to discontinue SBP by publishing a notice
on, or with, the December 1998 Retiree Account Statement
(RAS).
in the Spring, Summer/Fall,

We made the required announcement in "Shift Colors"

Defense Finance and Accounting

and Winter 1998 editions.

He also

Additionally, we regularly publish our 800 number if a
member has questions not specifically addressed, or if they
do not feel an issue has fully explained on a particular
topic.

\

BASIL COLEMAN
Head, Retired Admin Section
Casualty and Retired
Activities Division (PERS-62)

ASSISTANT SECRETARY OF DEFENSE

4OOO 

DE-

WASHINGTON, 

PLNTAOON

P.C.  

203O14OOO

COnCC 

YANAOCWCNT
?oucr

tw 

6 

I998

MEMORANDUM FOR DEPUTY 

ASSL~TANT SECRETARY  OF THE 

ARMY 

(MILITARY
OPPORTUNrI ’Y

PERSC)NNEL MANAGEMENT AND EQUAL  
POLICY)

ASSISTAN  SECRETARY OF THE NAVY

DEPUTY 

(MANPOWER)

DEPUTY 

ASS1SfAN-I. SECRETARY OF THE AIR FORCE (FORCE

MANAGEMENT AND PERSONNEL)

DIRECTOR, DEFENSE  

FINANCE AND ACCOUNTING  SERVICE

SUBJECT:

bnplementing Guidance for Section 
Fiscal Year 1998, Public Law 
of Participation  in the Uniformed Services Survivor 

10585. November 

641, National Defense Authorization Act for
18,1997, to Allow Termination

Bcncfit Plan (SBP)

This memorandum provides uniform guidance co implement Section 
Scrviccs 

105-85,  which enacted certain new provisions of rhc Uniformed
(SBP). Specifically, the law provides for a one-year period. beginning two years after the
tetircd pay, during which SBP participants may choose to discontinue
commencemcnr of 
 those members who have been receiving
panicipation  in rhc plan. Additionally,
for
one year opportunity to discontinue. The attached policies
mocc than 
two years have a one-time, 
and procedures are effective May 13. 1998. Service policies and procedures shall be modified
accordingly.

64 
Suwivor  Benefit Plan

I, Public Law

retired pay 

 

 

Attachments:
As stated

cc: Deputy 

Assistam Secretary of  

Defense for Reserve Affairs (Manpower and Personnel)

Deputy  Chief of Staff for Personnel, United States Army
Deputy Chief of Naval Operations, Manpower and Personnel, United Stares Navy
Deputy Chief of Staff for Personnel, United 
Deputy Chief of Staff for Manpower and 
Director, Office of Personnel Management, Public Health Service
Director. National Oceanic and Atmospheric Administration Corps, Operations-NC
Commandant. United  
DOD Chief Actuary
Deputy  General Counsel (Fiscal)

States Coast Guard

States Air Force

Reserve Affairs, United States Marine Corps

EO’d 

ZOO ’oN 

6Z:PI

86,PO 

Nnf

9mi09soL:aI

:

Policies and Procedures Applicable to Persons Requesting to

D iscontinue Participation

fn the
 

Un ifor m ed Services Survivor Benefit Plan (SBP)

1, 

P.L 
 

105-8s provides for a 

Provision of Law: Section 64
on~ytar period, beginning on the
second anniversary of the date of commencement of retired pay, during which SBP participants
may choose to voluntarily discontinue their participation in SBP. The 
year termination period beginning May
thaa 
before May 17, 1998, regardless of 

panicipants who have been retired more
under this law shall become effective

years. No request to discontinue participation 

such request was received.

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. For the purposes of this policy, the date  of commmcemenr of
Subsequenr
retired pay  is defined as  the date 
recall to active duty following retirement does not alter this  date.

anniversary of the date of commencement of retired pay. Those

tic retiree became entitled to receive retired pay,

SBP, whether an active-duty or 

17,1998, have until May 

 occurred prior to May 

one year period

‘nserve retiree,

to

 

Particfpants: Each service should publish in their retiree newsletter an

Notice to Eligible 
announcement that the one year 
administrative procedures for 
Accounting Service (DFAS) shall  ensure that all 
discontinue SBP by publishing a notice on or with the December 1998 Retiree Account
Statement.

requesting termination. The  Director, Defense Finance and
rerirces are informed of their eligibility to

period commences May 

17,1998 and describe the appropriate

Notice to Affected Beneficiary: Spouses and former spouses 
termination shall be considered notified in accordance with the provisions of 
DFAS shall ensure that natural
for termination are 
the 
beneficiaries at the 
the retired member ’s 
file.

 persons and former spouses not required to concur in the 
tenninarion of SBP coverage by sending a 
such

concur  in the request for
1448~1.

notified of 
address in 

Ferrer to 

10 USC 

that 

requat

SBP participant who is eligible 
make a written request to DFAS 
 

to discontinue  such participation
Procedures Applicable: An 
CLeveIand Center, using 
Form
(as determined above) shall
2656-2. A request for information, or a request for termination that is not on DD 
2656-2
is not a request to 
Personne[
 
@all work closely with Service Reserve
 
Centers to ensure the wide availability of DD Form 2656-Z and the attached information sheet.
The information  sheet shall be used by retirement counselors to counsel eligible  participants and
assist in 

the completion of DD Form 2656-2.

disconrinue. The Services

DD 
FORII 

Tcrmlnation of Coverage: A member
month following the month in which the request was received by  DFAS. Any premium deducted
for periods on or after such effective date shall be refunded and the member notified of the final
action concerning termination of coverage.

’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 MESSAG

Spring 1998
E

:
. 
#2
‘L’olume 42 Issue  

S

ince 1869,   the  nation has con-
secrated this holiday to th

mortz Ameri-
 

Americans who have died

memory  of 
in war. Since then, many
can men and women have nobl
fought and died, proving that our i-
deals and  
be 
only at extreme cost.

challen~tzd and will be  

wa>’ of life will continue to
\von anew

e

y

equal and   free. Others
praise our government
institutions, economic
might, or preeminent
military strength. All
of these make America an
envied model, but they are more the
result than the cause of greatness.

Memorial Day provides an op-
portunity for all Americans to reflect
on a true source of our greatness: a
national spirit that imbues so
with the will to give what Lincoln
called  “The last full measure of devo-
tion”  to defend a cause that is larger
than self.

 

man)

On behalf of the Joint Chiefs of
Staff and the men and women of the
world’s finest armed forces, I encour-
age all Americans to set aside part of
today to renew the memory of those
who have made the ultimate sacrifice.
May  this day of remembrance stir
both our national pride and
 
car+-
science, and cause us to cherish those
principles for which so many gave
their lives.

Henry 

H. Shelton, Chairman
Staff

f Chiefs of 

Jo i n 

_.--.--

People throughout the world  cite
many reasons for American
’s great-
ness. First among these is our found-
ing axiom   that all  men are created

f

4.‘:.

‘)

NEW FORMS 

&  NEW PROCEDURES

$BP DISCONTINUATION 

FORlM

--

Shift 

C6lors

.- e 

.

c
-1

.
. 

FORGOTTEN WIDOW’S ANNUITY FORM

rF1 wo programs are being implemented that directly affect the retired 
Annuity 

1 Benefit Plan  (SBP) open season for discontinuation and the 

ing Spouses (Forgotten Widows).
The SBP discontinuation form offers a list of advantages and disadvantages to the progra
lpful to review them carefully and discuss the
Many retirees are under the 

will receive a refund if they discontinue 

m 
your spouse.

misconception that they 

may prove he

community: 

m with 

tlhe
for Certain Military 

NO REFUNDS ARE AWARDED. It is based on the same premise as automobile insurance: if
decide that you want to cancel your policy because you haven
in the future, that doesn

 
’t had an accident and don
’t foresee 

’t entitle you to a refund.

Survivor
Sumi\.-

- it

-
4’011
ens

FINAL NOTE: SBP par

ticipation provides excellent protection for your survivors in the even!

without discussion and careful consideration of the 

of your death. Do not give up this benefit 
quences.

The annuity application for the Forgotten 

Widows also offers step-by-step instructions and
a point of contact for each service, in the event that further assistance is required.
The applications for both progra
INFORLMATION

ms appear on pages 5 through 8. Please RE

 BEFORE MAKING YOUR DECISIONS.

AD ALL 

 

cons?-

1isr.y

*

PERTINENT

Submitted by Dennis 

M ill s,

SBP Program Manager

Message Continuedfrom page 3
ning for their financial future. 
term, tax-deferred savings proposal. 
need it as well. In an environment where there
 
simple, inexpensive, and 
ship understands their concerns and is 

willing to help.

At every fleet call I attend, Sailors express a strong desire for a

 

Not only do they strongly desire this initiative, but they 

is a perception of benefit erosion, approval of

 

long-
urgentI>
this

modest proposal would send a very strong 

message to our Sailors that leader-

Finally, we have 

included recommendations from this year’s conference in this 

about the issues the 

Council is working for retirees. We 

’s membership annually in 
Activities Office, or the Bureau of 

Colors to give you timely feedback 
continue to publish the Retiree Council
to contact them, your local Retired 
tivities Branch with your ideas and concerns. 
Retired Activities Branch and 
addresses and phone nu
tage of the relocation to upgrade our infrastructure to better serve our active duty and retired 
tion. As  always, thanks again for all you have done for our 
countyy.
+:-5
,:k$%:

Most of the Bureau of Naval Personnel (including
Shifr Colors)  is relocating to Memphis, 

D. T.  OLIVER
- Vice Admiral, U.S. Navy

mbers will be listed in the next edition of 

Shift Colors, and you are 

Shifr Colon. We have 

Navy team and our great 

Naval Personnel’s Retired Ac-

TN this summer 

 

issue of 

SIlifi
\i.ill
encouraged

ths
nc\i’
z&d the 
taken advan-
populn-

I
<

shift  Color s

The Newsletter for Navy Retirees

:

,’. 

.

._  

‘~ 

.

-

._’  
Volume 43 Issue 
SECNAV ’s  RETIREE COUNCIL SEEKS 

The Bureau of Naval Personnel

Summer/Fall 1998
TO

#3/4

FILL VACANCIES

T he Secretary of the Navy Retiree

Council (RC) held its annual meeting
April 6-10 in Washington, D.C., chaired 
VADlM James Dorsey, Jr., USN (Ret.) and the
former Sergeant Major of the Marine Corps, Harold
rec-
G. Overstreet, USMC (Ret.). The issues and 
ornmendations resulting from the 
meeting were published in the
Spring 1998 edition of Shift
Colors.

1998

bq

The RC was

established in

n

SECNAV o
matters relating
to the retired
community
Those matters 

.
in-

Survi-

cal care, the 
vor Benefit Plan, Cost
of Living Allowances,
and transition assistance.

At the conclusion of this

year’s meeting, six Navy retirees
completed their terms on the Council. We sincerely
appreciate the service and expertise each of the
following departing members brought to the 
ous meetings:

vari-

CAPT Bruce K. Lloyd, MC, USN (Ret.)
CAPT John J. McDonald,  USN (Ret.)
CDRAlan W. 
CDR Patrick J. Kusiak, USN (Ret.)

Jacka, USN (Ret.)

NCC James M. Laudermilk, USN (Ret.)
HMCS Betty Lejeune, USN (Ret.)

The departure of these members  has 

cre-
ated openings for four regular Navy officers and
two enlisted retirees.   Two of these positions are
designated for representatives from
Europe and the Philippines, but
un-

all other positions are  

would like an  

op-

serve the  
tired 

re-
com-

be filled for

the 1999 session.

assist their area Retired 

should be available to
Ac-
(R&OS) through-

tivities Offices 

out the year. They should also gather input and
concerns from their respective retired community
for discussion at the Council meetings. The 
Coun-
cil tries to maintain a broad cross-representation
ex-
of retirees. Volunteer service in a RAO is an  
cellent credential: however, retirees  with specific
background and experience in the field of

Continued on page  

16

I

I
Continued from page 3
RC is a valuable and useful group that advises the Secretary on issues that relate to the retired 
commu-
nity. The Council members bring input from you, the retirees, to regular Council meetings for discus-
I can’t think of a more important way that you can
sion and make recommendations to SECNAV.
make an impact on your future, and I sincerely urge anyone who is interested to apply.

*

Shift  Color s

W. R. 

SCHlMIDT

Rear Admiral, U.S. Navy

New programs and new policies directly

 

aff’&ct

.P w
-

Retired Community

(1)

(2)

The Survivor Benefit Plan (SBP) open season for
discontinuation; and
The Annuity for Certain Military Surviving Spouses
[For widow/widowers of retired active duty servicemember
who diedptior to March I, 1974; and widow/widowers of
reserve service memberer who died between Sept.
 
and Oct. I, 1978.1

21,1972

.; 

: Colt%.
1;; 
:
isstx:as
.:yg 
( 
.*
<;,q. 
“: 
{?$%;.
~~_$&~*

Both of these programs and their applications were included in the last issue of Shift 
However, the material is so important and so time sensitive, we are including them in this 
well.

The 

SBP Discontinuation 

form offers a list of advantages and disadvantages of the program 

-

it may prove helpful to review them carefully and discuss them with your spouse.

Many retirees are under the misconception that they will receive a refund if they 

NO REFUNDS ARE AWARDED. It is based on the same premise as automobile  
decide that you want to cancel your policy, you are well within your right to do so. 
that you haven’t had an accident or filed a claim with your insurance company does not 
a refund of premiums paid.

FINAL NOTE: The disenrollment period for retirees who have been in receipt of 

more than two years is from May 17, 1998 to May 16, 1999. SBP participation
protection for your survivors in the event of your death.
and careful consideration of the consequences.

Do not give up this benefit without 

The application for The 

SDouses
ows) offers step-by-step instructions and lists a point of contact for each branch of se
assistance is required. The application  for the Annuity for Certain Military Surviving Spo
be mailed to the following address:

Annuity for Certain Militarv S

urvivinz 

 

disc_rtknue 
-
insurance.fIf 
you
HoweiF!T$i fact
enhtl&‘$bu  to

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XI
, 

retir$b$y for
provide&%%Ient
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