DEPARTMENTOFTHE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX
NAVY
2
WASHINGTON DC 20370-510
0
S
MEH:mh
Docket No: 3912-02
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
applicable statutes, regulations and policies.
opinion furnished by NPC memorandum of 13 June 2002, a copy of which is attached.
In addition, the Board considered the advisory
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
DEPARTMENT OF THE NAV
Y
N AVY PERSONNEL COMMAN
5720 INTEGRITY DRIV
MILLINGTON TN 38055-0000
D
E
13 Jun 02
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS (BCNR)
Via:
Assistant for BCNR Matters (PERS-OOZCB)
Subj:
Ref:
Encl:
(a) BCNR memo of 16 May 02
(b) Barring Act,
31 United States Code, 3702(b) (1)
(1)
(2)
(3)
DD Form 1883 of 28 Feb 80
undated
ltr to DFAS-CL
of 1 May 00
to a refund of Survivor Benefit
guidelines contained in reference (b).
recommend the BCNR not correct
record to reflect that he is entitled
Plan (SBP) premiums beyond the
2.
The recommendation is based on the following:
a.
198G.
29 February
that he was single,
enclosure (1).
the SBP spouse category.
transferred to Fleet Reserve on
A review of his service records indicates
and had no eligible spouse beneficiary per
On 1 March 1980 he was erroneously enrolled in
b.
Reference
(b) states in part,
that every claim against
the United States is barred unless such claim is received within
six years after the date such claim first accrued.
Act does not merely establish administrative guidelines; it
specifically prescribes the time within which a claim must be
received in order for it to be considered on its merits.
is no record,
except an undated letter written to the Defense
The Barring
There
nting Service-Cleveland (DFAS-CL) by
requesting correction of his record and a
total
Enclosure (3) is the DFAS-CL reply, though
refund of premiums.
they had no previous record that he requested termination of his
SBP participation.
Subj
:
MENDATION ICO
Additionally,
"Shift Colors" (the retirees' quarterly
3.
newsletter) regularly provides information on various changes
and updates associated with the SBP.
as periodicals from various Navy fraternal organizations,
provides SBP information to the retired community on a routine
has received a Retiree Account
efense Finance and Accounting
This newsletter, as well
Service-Cleveland (DFAS-CL) where the deduction of SBP premiums
was clearly indicated though there is no record of him
contacting them in an attempt to correct this error.
and the Ret'
have helped
participation in the SBP had he sought su
BCNR does not rule favorably in his case,
still has the right to bring a civil action in an appropriate
United States Court.
(RAG), Kings Bay GA, would
in terminating his
PERS-62
Head, Retired Admin Section
Casualty Assistance and Retired
Activities Branch (PERS-665)
2
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