DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH: mh
Docket No: 5632-02
17 September 2002
Dear
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 17 September 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 NPC memorandum of 16 August 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. 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 NAVY
NAVY
PERSONNEL COMMAN
5720 INTEGRITY DRIVE
MILLINGTON TN
38055-0000
D
16 Aug 02
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
N AVAL
RECORDS
(BCNR)
Via:
Assistant for BCNR Matters
(PERS-OOZCB)
Subj:
Ref:
Encl:
(a) BCNR memo of 1 Jul 02
(b) Public
Law 96-402 of 9
Ott 80
(1)
(2)
s DD Form 2656, Data for Payment of
nel dtd 27 Sep 00
DD Form 2656-2, Survivor Benefit Plan
(SBP) Termination Request dtd 30 May 02
1.
Per reference (a),
reco.mmend the BCNR not correct
lrecord to reflect that he terminated
participation in the Survivor Benefit Plan
30 May 2002.
(SBP) on
2. The recommendation is based on the following:
a.
transferred to the Fleet Reserve
He enrolled in the spouse only category
on 30 September 2000.
of coverage using his full gross retired pay as his base amount
at that time.
b.
retired pay account indicates
that he is a full Department of Veterans Affairs (VA) waiver
He provided no written documentation
effective 1 July 2001.
from the VA verifying that they have rated him 100 percent
disabled.
C .
Per reference
(b), a member who elected to participate
in the SBP who was suffering from a service-connected disability
rated by the VA as totally disabling and has suffered from such
disability while so rated for a continuous period of 10 or more
years (or, if so rated for a lesser period, has suffered from
such disability while so rated for a continuous period of not
less than 5 years from the date of such person's last discharge
Subj:
or release from active duty) may discontinue participation by
submitting to the Secretary concerned, a r
participation in the Plan.
Additionally,
will be eligible to voluntarily terminate his participation in
the SBP during his
pay.
without the written consent of his spouse.
Participation cannot be discontinued nor terminated
25th through
36th month of receiving retired
Based on the above criteria,
3.
eligible to terminate his partici
is not
his time.
Program Manager
Survivor Benefit Plan
Retired Activities and
GI Bill Programs Branch
(PERS-664)
2
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