DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH:ecb
Docket No: 3954-01
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
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 NPC memorandum dated 15 June 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. Also noted was the fact that written concurrence from your spouse was
not provided. 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
COMMAND
PERSONNEL
NAVY
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
15 Jun 01
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Subj:
Ref:
Assistant for BCNR Matters (PERS-OOZCB)
(a) BCNR memo of 30 May 01
(b) The National Defense Authorization Act of FY-98
(c) PHONCON between DFAS-CL Mr.
Mr.
f 11 Jun 01
reference (a),
recommend BCNR not correct Petty
record to reflect that he terminated
enrollment in the Survivor Benefit Plan
child(ren) coverage category, effective 1 March 2001.
(SBP) spouse and
2.
The recommendation is based on the following:
a.
Petty Officer-transferred to the Fleet Reserve
on 1 March 1998.
child(ren) category coverage at that time.
He enrolled in the SBP spouse and
e
b.
Per reference (b), Petty Officer-had th
opportunity, with his spouse's written concurrence to
discontinue participation in the SBP between his second and
third year of receiving retired pay.
procedure for termination is to make a written request to
the Defense Finance and Accounting Service-Cleveland
(DFAS-CL) utilizing the DD Form 2656-2, Survivor Benefit
Plan
or a request'for termination that is not made utilizing the
DD Form 2656-2 is not a valid request to discontinue. He
did not exercise this option to terminate participation in a
timely manner.
(SBP) Termination Request.
A request for information,
The established
Subj:
3.
equesting informatio
2001.
Petty Officer
ding termination
has not provided
(i.e. copies of record from
Per reference (c),
DFAS-CL only has a record of Petty
sufficient documentary evidence
the notary, certified/registered mail receipts, etc.) that
he attempted to terminate participation in SBP within the
required timeframe.
Admin Section
CasuLlty Assistance and
Retired Activities
Division (PERS-62)
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