DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
MEH: ddj
Docket No:
16 October
877-02
2002
This is in reference to your application for correction of your deceased spouse
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 16 October 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 spouse
and applicable statutes, regulations and policies.
opinion furnished by NPC memorandum of 18 April 2002, a copy of which is attached.
’s naval record
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
18 Apr 02
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Subj
Ref:
Encl:
Assistant for BCNR Matters
(PERS-OOZCB)
(a) BCNR memo of 7 Mar 02
(1) Record of Emergency Data case of
a dtd
(2) Record of Emergency Data case of
2 Mar 60
dtd 25 Jan 63
In response to reference (a), recommend
BCNR not correct
.
.
ecord to reflect that he
,in the Survivor Benefit Plan
.
1.
Chief Petty
enrolled Ms.
(SBP) .
2.
The recommendation is based on the following:
a.
Chief Petty Officer
Reserve on 25 January 1963.
have an eligible spouse beneficiary for enrollment in the
Retired Serviceman's Family Protection Plan
transferred to the Fleet
enclosures, he did not
(RSFPP) .
b.
I
Chief Petty Officer-an
were married on 2 August 1948.
they were divorced.
revealed documentation received from
by the National Personnel Records Center
where she claimed to be his widow.
d
The enc
Additionally, a review of his service
t
(NRPC) in 1993
C .
Public Law 92-425 of 21 September 1972 established
Retirees were mailed
the Survivor Benefit Plan (SBP).
information packages explaining the program and offering
them an opportunity to enroll in SBP during the 21 September
1972 through
Office
enroll
1982, open seasons if he had an eligible spouse at that
time.
the above open seasons.
has also been offered the opportunity to
ring the 1 October 1981 through 30 September
He did not elect to enroll, if appropriate, during
20 September 1973 open season.
Chief Petty
a has further documentation or information
claim she sho
dmin Section
Casualty Assistance and
Retired Activities Branch
(PERS-665)
2
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