DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
MEH:ddj
Docket No: 5581-01
25 September 2001
..-
This is in reference to your application for correction of your deceased
pursuant to the provisions of title 10 of the United States Code, section
s naval record
spouse’
1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on
25 September 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
’s naval
record and applicable statutes, regulations and policies.
In addition, the Board considered the
advisory opinion furnished by BUPERS memorandum of 22 August 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. 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.
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.
Consequently,
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENTOFTHENAV
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
Y
22 Aug 01
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
(BCNR)
Via:
Assistant for BCNR Matters (PERS-OOZCB)
Subj:
COMMENTS AND RECOMMENDATION ICO
Ref:
(a) BCNR Pay memo of 30 Jul 01
(b)
DOD Financial Management Regulation (Volume
7B)
Per reference (a), recommend the BCNR not correct
1.
Chief Petty Officer
the Survivor Benefit Plan
one year after his date of marriage.
record to reflect that he enrolled in
(SBP) effective 7 September 1986,
2.
The recommendation is based on the following:
a.
Chief Petty Office-transferred to the Fleet
Reserve on 1 May 1964.
b.
Chief Petty Officer
married on 7 September 1985.
and
He die
were
C .
Per reference (b), if a member has no eligible
The Defense Finance and Accounting Service-Cleveland
beneficiaries and later marries or remarries, he or she may
within one year of their date of marriage/remarriage enroll in
SBP.
(DFAS-CL) has no record that Chief Petty Officer
to enroll his spouse within one year of their ma
information provided in this application, makes no mention nor
dvised the
provides any proof that Chief Petty Officer
icense within
DFAS-CL of his marriage by forwarding a marriage
also had an
Chief Petty Officer
one year of his marriage.
opportunity to enroll his spouse in SBP during the 1992-1993
open season, and he did not do so.
"Shift Colors" (the retirees' quarterly newsletter)
3.
regularly provides information on various aspects of SBP.
newsletter, as well as periodicals from various Navy fraternal
organizations, provides SBP information to the retired community
This
Subj:
Additionally, the Navy Retired Activities
(RAOs)
on a routine basis.
Branch, PERS-622 and local Retired Activities Offices
have been available to provide specific information to Chief
Since Chief Petty
Petty Officer
since his retirement.
n 4 February 1996, after
4 for active duty personnel, Mrs
the eligibility criteria for the Annuities fo
Surviving Spouses (ACMSS) also called the "Forgotten Widows
Program."
toff date of
does not meet
tain Military
min Section
Casualty Assistance and
Retired Activities
Division (PERS-62)
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