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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