DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
MEH: mh
Docket No: 3152-02
16 July 2002
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 16 July 2002.
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
In addition, the Board considered the advisory
applicable statutes, regulations and policies.
opinion furnished by CMC memorandum 1741 MMSR-6 of 13 June 2002, a copy of which is
attached.
Your allegations of error and injustice
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
Y
HEADQ”A~?TERS UNITED STATES MARINE CORPS
DEPARTMENTOFTHENAV
328
0 RUSSEL L ROA D
QUANTICO. VIRGINIA
22
134-s
103
TO:
REFEH
IN REPLY
174 1
MMSR-6
13 Jun 02
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
SE OF
Ref:
(a) MMER Route Sheet of
31May02, Docket No. 3152-02
1.
The reference requests an advisory opinion on
petition to correct his record to show enrollment
Benefit Plan (SBP).
in the Su
record shows that,
2.
of active duty and five years on the Temporary Disability Retired
List, he was transferred to the Retired List by Reason of perma-
nent
physical.disability on 1 March 1980 with a disability rated
at 70 percent by the Naval Medical System.
coverage prior to,
or during his retirement.
after 13 years and 8 months
He did not elect SBP
Because
3.
retired, and did not attempt to enroll during the three sub-
sequent SBP open enrollment periods, by law, he cannot now be
enrolled in the Plan.
declined SBP spouse coverage when he
Further, enclosure (4) to
4 .
on 1 February 1978, his disab
the Department of Veterans Affairs (DVA).
for disabled veterans is based on criteria different from that of
the Naval Medical System.
petition shows that,
at 100 percent by
The DVA rating system
0 0 percent DVA rating entitles him to
(DIC) coverage which would
provide his su
If
his death.
annuity would be offset by DIC because, by law, a surviving
e a monthly annuity in the event of
was enrolled in the SBP, the SBP
eceive both monthly payments.
record is warranted with regard to the SBP.
No correction of
Retirement Branch
By direction of the Commandant
of the Marine Corps
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