DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
MEH:ecb
Docket No: 4079-01
11 September 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 1 1 September 2001.
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
’s naval
record and applicable statutes, regulations and policies.
In addition, the Board considered the
advisory opinion furnished by CMC memorandum 1760 MMSR-6J dated 23 August 2001, a
copy of which is attached.
Your allegations of error and
If a Reservist does not
enrol.1 after. reaching 20 qualifying years it is presumed he
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. The Reserve Component Survivor Benefit Plan (RCSBP) allows Reservists with 20
qualifying years of service to leave a portion of their retired pay to their eligible survivors in the
event they die before receiving retired pay at age 60. The RCSBP is strictly a voluntary
program.
decided not to make an election until age 60, at which time he is eligible to enroll in the
Survivor Benefit Plan. The reason for this is that RCSBP is just one of many estate planning
options available to members of the reserve component.
The decision to enroll in the program,
retlects an individual ’s judgement based upon his
or to select a particular level of participation,
or her unique facts and circumstances. Many members who are eligible to participate elect not
to do so either because of the cost of the program or because the individual has chosen other
means, such as life insurance, investments, pensions
provide for survivors.
In the absence of additional evidence, the fact that your husband chose
not to participate does not, in and of itself, establish an error or injustice warranting corrective
action.
fi-om civilian employment, or annuities, to
Docket No. 4079-01
’s non-participation was not
In addition, the fact that you were not notified of your husband
error. At the time, there was no statutory or regulatory requirement to notify a spouse of a
member’s non-election. As noted in the USMC advisory opinion, recent legislation changed the
RCSBP notification procedures, but this does not provide a basis for corrective action. The
recent change to the notification procedures confirms that Congress did not intend to require
spousal notification in the original enactment of RCSBP. Moreover, since the recent legislation
does not apply retroactively, it appears that Congress did not regard past cases where notice was
not provided as improper.
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.
In this connection, the Board did not concur with the comments
It is regretted that the circumstances of your case are such that favorable action cannot be taken.
The evidence presented does not establish an error or injustice warranting corrective action.
You are entitled to have the Board reconsider its decision upon submission of new and material
evidence or other matter not previously
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.
cbnsidered by the Board.
In this regard, it is important
Sincerely,
W. DEAN P
Executive
Direc
Enclosure
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