DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
MEH:ddj
Docket No: 2423-02
16 October 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 1 may 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
PERSONNEL COMMAN
NAVY
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
Y
D
1 May 0 2
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Subj:
Ref:
Encl:
Assistant for BCNR Matters
(PERS-OOZCB)
(a) BCNR memo of 11 Apr 02
(1) Record of Emergency Data case of PO1 Stevens dtd
22 Feb 60
In response to reference (a), recommend BCNR not correct
1.
Petty Officer
in the Survivor Benefit Plan (SBP).
ecord to reflect that he enrolled
3
u
.
The recommendation is based on the following:
Protection Plan
(RSFPP~).
transferred to the Fleet Reserve on
I), he did have an eligible spouse
the Retired Serviceman's Family
enroll in the RSFPP.
rred to the Fleet Reserve.
He died 4 October 2000.
C .
Public Law 92-425 of 21 September 1972 established the
Retirees were mailed information
Survivor Benefit Plan (SBP).
packages explaining the program and offering them an opportunity
to enroll in SBP during the 21 September 1972 through 20
September 1973 open season.
the opportunity to enroll in SBP during the 1 October 1981
through 30 September 1982 and the 1 April 1992 through
31 March 1993 open seasons.
spouse during any of the above open seasons.
He did not elect to enroll his
Petty Officer
was offered
"Shift Colors"
(the retirees' quarterly newsletter) regularly
3.
provides information on various aspects of SBP to include the
announcement of open season enrollment period.
maintain there address information current with the Defense
Finance and Accounting Service-Cleveland (DFAS-CL) receive this
newsletters.
This newsletter, as well as other periodicals from
Retirees who
Subj:
various Navy fraternal organizations,
the retired community on a routine basis.
Retired Activities Branch,
Offices
information to Petty Officer Stevens since his retirement.
(RAOs) have been available to provide specific
provides SBP information to
Additionally, the Navy
PERS-665 and local Retired Activities
Casualty Assistance and
Retired Activities Branch
(PERS-665)
2
NAVY | BCNR | CY2002 | 00877-02
’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. 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. Chief Petty enrolled Ms. (SBP) .
NAVY | BCNR | CY2002 | 07533-02
’s naval record A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 November 2002. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your spouse ’s naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion furnished by NPC memorandum of 21 October 2002, a copy of which...
NAVY | BCNR | CY2003 | 05261-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 August 2003. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your spouse’s naval record and applicable statutes, regulations and policies. packages explaining the program and offering them an opportunity to enroll in the SBP during the 2 20 September 1973 open season.
NAVY | BCNR | CY2007 | 09997-07
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. In addition, the Board considered the advisory opinion furnished by NPC Memo dtd 22 Jan 08, 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...
NAVY | BCNR | CY2004 | 01778-04
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 May 2004. In addition, the Board considered the advisory opinion furnished by NPC memorandum of 6 April 2004, 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 response to reference (a)...
NAVY | BCNR | CY2001 | 08438-01
When you were divorced in November 1999 the court ordered you to furnish your former spouse with SBP coverage. In response to reference (a), recommend the BCNR not correct Petty Officer -record changed his election under the Survivor Benefit Plan (SBP) from spouse to former spouse coverage category within one year of his divorce. Additionally, a member who refuses coverage for an eligible spouse in favor of children only category is prohibited from electing spouse coverage at a later date...
NAVY | BCNR | CY2002 | 07810-02
SCPO Benefit Plan (SBP) using his full retired pay as his base amount prior to transferring to Fleet Reserve. The recommendation is based on the following: a. SCPO transferred to the Fleet Reserve on He enrolled in the Survivor Benefit Plan (SBP) 31 August 1980. spouse only coverage category at the minimum base amount of $300.00. The enclosure indicates b. and he had two other opportunities ?had three subsequent opportunities to base amount for the SBP after his The first was during the 1...
NAVY | BCNR | CY2001 | 05581-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 September 2001. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your spouse ’s naval record and applicable statutes, regulations and policies. Branch, PERS-622 and local Retired Activities Offices have been available to provide specific information to Chief Since Chief...
NAVY | BCNR | CY2002 | 03912-02
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. recommend the BCNR not correct record to reflect that he is entitled Plan (SBP) premiums beyond the 2. they had no previous record that he requested termination of his SBP participation.
NAVY | BCNR | CY2007 | 08279-07
In addition, the Board considered the advisory opinion furnished by NPC Memo dtd 7 Nov 07, 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. 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...