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NAVY | BCNR | CY2001 | 05749-01
Original file (05749-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

MEH:ddj
Docket No: 5749-01
27 November 2001

This is in reference to your application for correction of your deceased former spouse
IJnited States Code, section 1552.
record pursuant to the provisions of title  

10 of the 

’s naval

your application on 27 November 2001. Your allegations of error and

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered 
injustice were reviewed in accordance with administrative regulations and procedures applicable
Roartl. Documentary material considered by the Board consisted of
to the proceedings of this  
willt 
your application, together  
naval record and applicable  
the advisory opinion furnished by  
copy of which is attached.

all material submitted in support thereof, your former spouse

’s
In addition, the Board considered

statutes, regulations and policies.

CMC memorandum 1760 MMSR  

65 of 29 October 2001, a

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
sot-y opinion . Accordingly, your application has been denied. The names and votes of
the advi 
the members of the panel will

upon request.

he furnished 

 

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. 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.

In this regard, it is important

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

HEADQUARTERS UNITED STATES MARINE CORPS

DEPARTMENT OF THE
3280  RUSSELL ROA

 
D

NAVY

QUANTICO, VIRGINIA

  22 134-5 103

IN 

R.,,,,~”  TO:
MMSR-6J
29 

Ott 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj 

:

Ref:

(a) MMER Route Sheet of

 

40ct01,  Docket No.  

5749-01

reference requests an advisory opinion on
petition to correct the records of her la

husband, Master Sergeant
monthly annuity as the r
Benefit Plan (SBP) prior to his death on 30 May 1997.

to show her entitlement to a
his enrollment in the

Survivor

Mrs. 

2.
shows that subsequent to his transfer to the Fleet Marine

_ petition and Master Sergeant

record
Corps

divorc
0 June 1979,
was therefore Master Sergeant
w, at the time of his death.  

they were 

.

une 1981.
former spouse,
t remarried

when he died.

-therefore

‘.

Master 

Sergean
3.
or after his divor
,

lied in the SBP prior  
Unfortunately, Mrs.
is not eligible to receive an SBP annuity.
We must regretfully recommend that her petition not be granted
favorable consideration.

was
Mrs.

to

Retirement Branch
By direction of the Commandant
of the Marine Corps



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