DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
MEH:ddj
Docket No: 865 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 BUPERS memorandum of 28 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
c
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN
38055-0000
28 Feb 01
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS (BCNR)
Assistant for BCNR Matters (PERS-OOZCB)
Via:
Subj:
(a) BCNR memo of 14 Feb 01
(b) Title 10, United States Code, Section 1448
Per reference (a),
recommend the BCNR not correct
@#@@@#
record to reflect that he enrolled in the Survivor
Ref:
1.
Benefit Plan (SBP) spouse coverage category effective 20 August
2000.
2.
The recommendation is based on the following:
ransferred to the Retired List on
b.
20 August 2000.
and
ere married on
CAPT Strand passed away on 2 August 2000.
C .
Reference (b) states in part that a person who is not
married and has no dependent child upon becoming eligible to
participate in the Plan but who later marries or acquires a
dependent child may elect to participate in the Plan.
election must be written,
election and received by Secretary (i.e. Defense Finance and
Accounting Service-Cleveland (DFAS-CL)) concerned within one
year after the date on which that person marries or acquires
that dependent child.
signed by the person making the
Such an
In view of the above,
3.
annuity due to the fact that the member did not meet the
one-year survival requirement which would have entitled his
spouse to receive an SBP annuity.
not eligible for an SBP
Head, Navy Retired Activities
Branch (PERS-622)
I
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