DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
MEH:dcl_j
Docket No:
14 May 2002
1376-02
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 14 May 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 CMC 1741 MMSR-6 of 27 March 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. You did not provide the necessary written concurrence from your spouse indicating
disenroll from the Survivor Benefit Plan (SBP). In this
that she concurs with your request to
connection, the Board substantially
opinion. Accordingly, your application has been denied.
of the panel will be furnished upon request.
concurred with the comments contained in the advisory
The names and votes of the members
It is regretted that the circumstances of your case are such that favorable action cannot be taken.
upon submission of new and material
You are entitled to have the Board reconsider its decision
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,
on the applicant to
when applying for a correction of an official naval record, the burden is
demonstrate the existence of probable material error or injustice.
Enclosure
Sincerely,
W. DEAN PFEIFFER
Executive Director
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES
3280 RUSSELL ROA
QUANTICO, VIRGINIA 22
134-6
103
MARINk? CORPS
D
l-o:
,N
REFER
REPLY
174 1
MMSR-6
27 Mar 02
:
:
From
To
:
Subj
Ref:
Encl:
Commandant of the Marine Corps
SURVIVOR BENEFIT PLAN (SBP)
(a) Your DD Form 149 dtd
6Jan02
(1) SBP Information Pamphlet
(2) SBP Election Certificate
the reference,
1 . By
and the Board for Correction of Naval Records has
advisory opinion on your petition.
you requested disenrollment
from the SBP
asked us for an
You were automatically enrolled for full spousal coverage
2.
because your properly completed SBP enrollment form was not
received at the Defense Finance and Accounting Service prior to
your transfer to the Fleet Marine Corps Reserve on 31 March 2001.
Prior to submitting our opinion to the Board, we wish to ensure
that you and your wife fully understand the implications of your
request to disenroll from the SBP.
provided for your review and careful study.
Therefore,
enclosure (1) is
Federal law requires that both you and your spouse be in-
If you desire not to
3.
formed of the SBP options available.
participate in the Plan,
your decision.
Commandant of the Marine Corps
Marine Corps,
your spouse must concur in writing with
After you complete enclosure (2) mail it to the
(MMSR-6), Headquarters, U.S.
3280 Russell Road, Quantico, Virginia 22134.
Please note the statement which must be completed by your
4.
spouse and witnessed by a person other than yourself is on
enclosure (2).
spouse,
we may not terminate your current SBP coverage.
If this statement is not completed by your
SBP may not be easy to fully understand.
5 .
discuss your case,
your decision carefully as the election you make is irrevocable.
phone us toll free at 800-336-4649.
If you wish to
Weigh
copy to:
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