DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-510
0
MEH:ecb
Docket No:
17 July 2001
8329-00
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 17 July 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 dated 12 June 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. Liaison with the Defense Finance and Accounting Service indicates that your spouse
was enrolled in the Retired Serviceman’s Family Protection Plan (RSFPP) for spouse and
child(ren) coverage. This coverage ended in September 1977 when his youngest child turned
age 18 (his spouse died 1 February 1968). All retirees had an opportunity to enroll in the
Survivor Benefit Plan (SBP) effective 21 September 1972, also, your husband could have
enrolled within one year after your 1973 marriage. He did not avail himself of either
opportunity. Therefore you are not entitled to an SBP annuity. Also, the statute of limitations
bars claims that are not received within 6 years of the date the claim accrued. Your husband
died 1 March 1993 and your application was dated 15 November 2000, more than 6 years from
the date of his death. In this connection, the Board does not agree 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.
Docket No.
832940
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
3280 RUSSELL ROA
D
QUANTICO, VIRGINIA
22 134-5 103
IN REPLY REFER TO:
1760
MMSR-6J
1.2 Jun 01
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Sub-j:
BCNR
APPLICATION_INHE.,.
GAZE
OF
THE
Ref:
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-
(a) MMER Route Sheet of
,
.
30Mar01, Docket No. 8329-00
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petition to correct her late husband's record to show
that he was enrolled in the Survivor Benefit Plan
died on 1 March 1993.
(SBP) when he
-
Sergean
The late Staff
2.
Marine Corps Reserve on 30 April
her petition that she was informed by the Defense Finance and
Accounting Service
Sergeant McConnell was enrolled in the SBP when he died, but she
had waited too long to request her annuity.
maintained at DFAS.
(DFAS) in Denver, Colorado, that Staff
transferred to the Fleet
1968.
SBP enrollments are
Mrs.- states in
If Staff Sergeant
3.
he died, we strongly
monthly SBP annuity appropriate to the level of his coverage to
include payments retroactive
as enrolled in the SBP when
to the date of death.
recommend"that
Mrs.- be paid the
4.
We defer further comment
to DFAS, Denver, Colorado.
_.
Separation and
Head,
Retirement Branch
By direction of the Commandant
of the Marine Corps
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