DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
MEH : ddj
Docket No: 8 11 l-00
20 March 2001
This is in reference to your application for correction of your deceased spouse’s naval record
pursuant to the provisions of title 10 of the United States Code, section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 20 March 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 CMC memorandum 1760 MMSR-6J of 26 February 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. 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
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
134-5
3280 RUSSELL ROA
22
QUANTICO, VIRGINIA
D
103
IN REPLY REFER TO:
176 0
MMSR-6J
26 Feb 01
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
BCNR APPLICATION IN THE CASE OF THE LATE MASTER SERGEANT
Ref:
(a) MMER Route Sheet of
14FebO1, Docket No. 8111-00
1.
The reference requests an advisory on Mrs
,’
‘,,
petition to correct Master Sergeant
ss
show that he elected spouse coverage under the
Survivor Benefit Plan (RCSBP) prior to his death on 13 July 1999.
’
record to
,
Upon reaching retirement eligibility Master Sergeant
2.
was given the opportunity to elect RCSBP coverage in March of
1982.
He did not make an RCSBP election.
3.
Master Sergeant
RCSBP coverage durin
April 1992 thru 31 March 1993.
began on 1 March 1999.
publicized through periodicals of both the Armed Forces and
various associations oriented toward the military community.
The first lasted from 1
Another open enrollment period
"Open Seasons" were highly
had other opportunities to elect
Seasons."
Both these
4.
Unfortunate
Master Sergeant
his retirement.
entitled to a monthly survivor annuity.
ot find any evidence to indicate that
chose to
Regrettably, Mrs
te in the plan during
, therefore, is not
-
Retirement Branch
By direction of the
of the Marine Corps
d
’
Commandant
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