DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
MEH:ddj
Docket No:
20 November 200 ’1
7345-01
This is in reference to your application for correction of your naval record pursuant to the
provisions of title
10 of the United States Code, section
1552.
cbnsidered your application on 20 November 2001.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session,
injustice were
revieyed in accordance with administrative regulations and procedures applicable
bf this Board. Documentary material considered by the Board consisted of
to the proceedings
your application, together with all material submitted in support thereof, your naval record and
applicable statutes, regulations and policies.
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. A member who submits no Survivor Benefit Plan (SBP) election form or an
improperly completed election form is automatically enrolled in SBP at the full base amount.
Although you declined SBP there is no record of your spouse having provided the required
written concurrence. Therefore, you were automatically enrolled and she was covered until
your divorce in January 1992. Had you died during that time she would have received an
annuity. The Barring Act, commonly called the statute of limitations, precludes any claims
against the federal government that are not received within six years of the date such claims
accrued. You were divorced in January 1992 but continued to pay SBP premiums until August
2001. Therefore, under the provisions of the Barring Act you were reimbursed for the
premiums you paid during the six year period from July 1995 to August 2001. Since the law
expressly bars reimbursement of the premiums you paid prior to July 1995 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
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.
favorabl’e action cannot be taken.
Docket No.
7345-01
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,
W. DEAN PFEIFFER
Executive Director
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