DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
MEH:ddj
Docket No: 872240
11 September 2001
This is in reference to your application for correction of Petty Officer Grau
pursuant to the provisions of title 10 of the United States Code, section 1552.
’s naval record
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 11 September 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, Petty Officer Grau
’s
naval record and applicable statutes, regulations and policies.
the advisory opinion furnished by BUPERS memorandum of 23 February 2001, a copy of which
is attached.
In addition, the Board considered
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.
to keep in mind that a presumption of regularity attaches to all official records.
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.
In this regard, it is important
Consequently,
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
N AVY PERSONNEL COMMAN
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
D
23 Feb 01
MEMORANDUM FOR EXECUTIVE DIRECTOR,
NAVAL RECORDS
BOARD FOR CORRECTION OF
Via:
Assistant for BCNR Matters (PERS-OOZCB)
Subj:
COMMENTS AND
Ref:
(a) BCNR Me
(b) PHONCON
Encl:
(1) NAVCOMPT Form 2272 dtd 23 Aug
93
Per reference (a),
1.
record to reflect that he elected Survivor Benefit
coverage spouse category.
recommend BCNR not correct
‘)
L.
The recommendation is based on the following:
1993:.
PO1 Grau transferred to the Fleet Reserve on 31 October
He died on 24 July 1999.
b.
PO1 Grau enrolled his spouse
MS:-
indicated at enclosure (1).
'ndicated that she was not the spouse,
spouse coverage category, on 23 August
verifies his date of marriage as 22 July 1973.
(b),
Paulina,
Grau provided no
obtained a divorce from Mrs
Ms.'%'_"-‘_did provid
she provided no evidence that PO1
marriage in Texas, however,
Grau had no legal impediments to marry (i.e. that he was divorced
from his first wife).
Additionally,
documentar
ing that PO1 Grau
It is noted that
ssible common law
Per reference
Ms._
In view of the above, Ms.
3.
sufficient documentary evidence
his first wife,
therefore she does not qualify for payment of an SBP annuity at
this time.
not provided
was divorced from
ed to the member
nor that she
Branch
(PERS-622)
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