DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC
20370-5100
MEH: ddj
Docket No: 3322-01
19 June 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 19 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 naval record and
applicable statutes, regulations and policies.
In addition, the Board considered the advisory
opinion furnished by CMC memorandum 1760 MMSR-6J of 30 May 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 did not concur with the comments contained in the
advisory opinion. No documentation was provided to support the allegations of lack of proper
counseling. 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.
Enclosure
Sincerely,
W. DEAN PFEIFFER
Executive Director
Y
IiEADQUARTERS UNITED STATES MARINE CORPS
DEPARTMENT OF THE NAV
3280RUSSELL ROA
D
QUANTICO, VIRGINIA
22 134-5
103
IN REPLY REFER TO:
176 0
MMSR-6J
30
Ma-y 01
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
BCNR APPLICATION
IN THE CA
Ref:
(a)
MMER Route Sheet of
15MayO1, Docket No. 3322-01
The reference requests an advisory opinion on Lieutenant
1.
Colonel
is enrolled in the Survivor Benefit Plan with spouse coverage.
petition to correct his records to show that he
When Lieutenant Colone
2.
List on 1 September 1999, he and Mrs.
under the SBP.
were not properly counseled with regard to SBP coverage prior to
his nonelection.
transferred to the Retired
elected no co
t he and Mrs.
He states in his
peti
3.
Lieutenant Colonel
enrollme
desire
further states that he and Mrs.
e SBP and he is aware that, if en-
rolled, he will be charged SBP costs back to his date of retire-
ment.
( 4.
We recommend that,
through coordination with the Defense
Finance and Accounting Service in Cleveland, Ohio, Lieutenant
Colonel
date of retirement.
be enrolled in SBP with spouse coverage since his
Head, Separation and
Retirement Branch
By direction of the Commandant
of the Marine Corps
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