DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
MEH:ddj
Docket No: 3968-01
14 August 2001
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 14 August 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
and applicable statutes, regulations and policies.
opinion furnished by CMC memorandum 1760 MMSR-6J of 17 July 2001, a copy of which is
attached.
’s naval record
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. 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
HEADQUARTERS UNITED STATES
MARINE CORP
3280RUssrLLR0~D
QUANTICO, VIRGINIA 22
t 34-5 103
S
IN REPLY REFER TO:
176 0
MMSR-6J
17
Jul 01
.
\
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
BCNR APPLICATION
IN THE CASE OF THE
(a) MMER Route Sheet of
2lJunO1, Docket No. 3968-01
Ref:
1.
The reference requests an advisory opinion on Mrs.
Sergean
s petition to correct the late
w that he elected spouse coverage unde
Survivor Benefit Plan (SBP) prior to his death on 9 March 2000.
2.
We cannot find any evidence to indicate that Sergeant
elected SBP coverage after his retirement on 31 January
He had the opportunity to elect coverage under the SBP
1962.
during an the initial Open Enrollment Period which lasted from
21 September 1972 through 20 March 1974 and subsequent "Open
Seasons";
1 April 1992 through 31 March 1993.
highly publicized through periodicals of both the Armed Forces
and various associations oriented toward the military community.
from 1 October 1981 through 30 September 1982, and from
"Open Seasons" were
These
3.
Unfortunately,
there is no evidence to indicate that Sergeant
chose to participate in the SBP during either of the
opportunities offered during his retirement.
was no requirement under Public Law 92-425 that spouses of those
members retired before 1 March 1986, be counselled or consent to
the member's decision not to participate in SBP.
Additionally, there
I deeply regret that
4 .
annuity from the Marine Corps.
petition not be granted favorable consideration.
is not entitled to an SBP
We, therefore, recommend that her
Head, Separation and
Retirement Branch
By direction of the Commandant
of the Marine Corps
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