DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL
ANNEX
NAVY
2
WASHINGTON DC 20370-5100
RECORD S
m h
R4 EH :
Docket No:
9 July 2002
2556-02
This is in reference to your application for- correction of your deceased spouse
IJnited States Code, section 1552.
pursuant to the provisions of
ot‘ the
title
10
’s naval record
A three-member panel of the
Ikmrd
session, considered your application
were reviewed in accordance
proceedings of this Board. Documentary
application, together with all material
and applicable statutes, regulations and policies.
opinion furnished by CMC
attached.
l~~eInorantllIrn
L\ith
for
on
Correction of Naval Records. sitting in executive
9 July 2002. Your allegations of error and injustice
atll;,inistrative regulations and procedures applicable to the
Inatcrial considered by the Board consisted of your
subrnitt~tl in support thereof, your spouse ’s naval record
In addition, the Board considered the advisory
1760
MMSR-6/S of 6 June 2002, a copy of which is
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
upon request.
t‘urnishetl
~411
Ix
It is regretted that the
cir&mstances of your case are
You are entitled to have the Board reconsider its decision
evidence or other matter not previously considered by the Board.
to keep in mind that a presumption of regularity attaches to all official records. Consequently,
the burden is on the applicant to
when applying for a correction of an official naval record,
demonstrate the existence of probable material error or injustice.
such that favorable action cannot be taken.
upon submission of new and material
In this regard, it is important
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAV
HEADQUARTERS UNITED STATES MARINE CORPS
3200 RUSSELL ROA
D
QUANTICO.
VIRGINIA 22 134-S 103
Y
IN REPLY REFER TO:
1760
MMSR-6/S
6 Jun 02
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
BCNR APPLICATION IN THE CASE OF THE LATE GUNNERY SERGEANT
Ref:
(a) MMER Route Sheet of
23May02, Docket No. 2556-02
reeuests an advisory
vpetition to correct
records to show that he elected coverage under the Reserve
Component Survivor Benefit Plan (RCSBP) prior to his death.
did not elect RCSBP coverage when he
nt from the Marine Corps Reserve in
Spousal concurrence was not r
states in her petition that
to elect Survivor Benefit
P
reached the age of 60 on 6 *July 2002.
at the age of 59.
He died on 12 January 2002
3.
Unfortunately,
survivor annuity p
We must,
therefore, not eligible to receive a survivor annuity.
regretfully, recommend that her petition not be granted favorable
consideration.
n a
is,
Head, Separation and
Retirement Branch
By direction of the Commandant
of the Marine Corps
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