DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
MEH:ddj
Docket No:
6 November 2001
575501
This is in reference to your application for correction of your deceased former spouse
record pursuant to the provisions of title 10 of the United States Code, section 1552.
’s naval
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 6 November 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 former spouse
naval record and applicable statutes, regulations and policies.
the advisory opinion furnished by NPC memorandum of 1 October 2001, a copy of which is
attached.
’s
In addition, the Board considered
Your allegations of error and
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. 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.
Sincerely,
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1
Ott
01
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
mvm
RECORDS
(BCNR)
Via:
Assistant for BCNR Matters
(PERS-OOZCB)
Subj:
Ref:
AND RECOMMENDAT
(a) BCNR memo of 6 Sep 01
(b) PHONCON DFAS-CL Mr.
Mr.
of 28 Sep 01
Johnston/NPC
(PERS-62s)
ence (a), recommend the BCNR not correct
record to reflect that he voluntarily
changed his election under the Survivor Benefit Plan (SBP) from
spouse to former spouse coverage category within one year of his
divorce.
2.
The recommendation is based on the following:
a.
Petty Officer
transferred to the Fleet Reserve
on 16 January 1973.
He enrolled in SBP spouse and child
y coverage on 15 January 1973.
I was indicated as being incapacitated a
His son,
b.
divorce
19 February 1999.
C .
Title 10, U.S. Code, Section 1448(b)(3), requires that SBP
spouse coverage who become divorced and desire
former spouses as their beneficiaries must
participants with
to maintain their
specifically elect such coverage within one year after the date of
divorce.
and Accounting Service-Cleveland (DFAS-CL) will automatically
terminate coverage upon receiving information regarding their
divorce.
If nothing is done after one year, the Defense Finance
3.
Pro
specifically required or desired to p
as his former spouse.
id not provide sufficient evidence
divorce decree) tha
(i.e.
e for her
Sub::
Per reference
(b), the DFAS-CL database currently indicates
4.
.that James B. Johnson remains incapacitated and therefore is the
eligible SBP beneficiary.
filed a claim for the SBP annuity.
To date, there is no record that he has
Head, Retired Admin Section
Casualty Assistance and Retired
Activities Division (PERS-62)
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