DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
1
MEH:ddj
Docket No: 978-01
27 March 2001
t
This is in reference to your application for correction of your deceased former 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 27 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 former spouse’s naval
record and applicable statutes, regulations and policies. In addition, the Board considered the
advisory opinion furnished by BUPERS memorandum of 6 March 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
Enclosure
DEPARTMENT OF THE NAV
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 380550000
Y
,
6 Mar 01
MEMORANDUM FOR EXECUTIVE DIRECTOR,
BOARD FOR CORRECTION OF
NAVAL RECORDS (BCNR)
Assistant for BCNR Matters (PERS-OOZCB)
Via:
Subj:
Ref:
(a) BCNR memo of 9 Feb 01
Per reference
(a,), recommend the BCNR not correct
1.
Petty Officer
changed his election under the Survivor Benefit Plan (SBP) from
spouse to former spouse coverage
divorce.
record to reflect that he voluntarily
category within one year of his
2 .
The recommendation is based on the following:
a.
Petty Officer
30 June 1976.
coverage on 30 June 1976.
He enrolled in
ransferred to the Fleet Reserve on
SBP spouse and child category
b.
on 17 April 1990.
Petty Officer.
Pe
ere divorced
st 2000.
C .
Title 10, U.S . Code, Section 1448(b)(3), requires that SBP
spouse coverage who become divorced and desire
former spouses as their beneficiaries must
participants with
to maintain their
specifically elect such coverage within one year after the date of
divorce.
and Accounting Service-Cleveland (DFAS-CL) will automatically
terminate coverage upon receiving information regarding their
divorce.
If nothing is done after one year, the Defense Finance
3 .
MS'
in the
provide SBP coverage for her as his former spouse.
has not provided s
e decree) that PO1
ent evidence (i.e. provisions
was specifically required to
Brsnch (PERS-622)
Activities
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