DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
MEH:ddj
Docket No: 236-02
13 November 2002
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.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 13 November 2002. 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 naval record and
applicable statutes, regulations and policies.
opinion furnished by NPC memorandum of 9 July 2002, a copy of which is attached.
In addition, the Board considered the advisory
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
DEPARTMENT OF THE NAV
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
Y
9 Jul 02
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS (BCNR)
Via:
Subj:
Ref:
Assistant for BCNR Matters (PERS-OOZCB)
(a) BCNR memo of 14 Jun 02
(b)
DOD Financial Management Regulation, Volume 7B
Encl:
(1) Ltr
fro_DFAS-?L of 21 Aug 98
Per reference (a), recommend the BCNR not correct
1.
Senior Chief Bennett's record to reflect that he withdrew
participation in the Survivor Benefit Plan (SBP) .
2.
The recommendation is based on the following:
a.
Senior Chief Bennett transferred to the Retired List on
He enrolled in the spouse only category of
29 September 1973.
coverage at that time.
b.
Per reference (b),
any person who elects to participate
at least 5 years from the date of last discharge
in SBP with a service-connected disability rated by the
Department of Veterans Affairs (VA) as totally disabling and is
so rated for 10 or more continuous years (or if so rated for a
lesser period,
or release from active duty) may request to discontinue
The member must submit a written
participation in the Plan.
request to the Defense Finance and Accounting Service-Cleveland
(DFAS-CL) requesting withdrawal from the Plan. The initial date
for determining the 5 or 10 year period is the effective date of
Validation must be obtained
the VA rating of total disability.
The request
from the VA if not available from the individual.
to discontinue participation must also be with the written
consent/concurrence of the designated beneficiary under the
Plan.
,,-
--
_
-
“
-
_
it is clear that Senior Chief Bennett is not aware of
Based on information contained in his application and the
3.
enclosure,
the criteria or procedures required to withdraw from the SBP.
He apparently was not aware of SBP debt, per his 21 August 1998
letter to DFAS-CL, since he was receiving all of his
compensation directly from the VA.
In response to Senior Chief
*
4.
widow can receive both SBP and
portion of any SBP annuity which exceeds
their payable DIC.
Currently the monthly amount of DIC authorized for a widow is
$935.
annuity,
premiums previously paid.
the widow is then entitled to a refund of all SBP
Additionally, if the DIC amount exceeds the payable SBP
uestion as whether a
is entitled to the
Survivor Benefit Plan, Retiree
Assistance and GI Bill
Programs Branch (PERS-664)
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