DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
MEH: ddj
Docket No:
5 November 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 5 November 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
record and applicable statutes, regulations and policies.
advisory opinion furnished by NPC memorandum of 10
attached.
support thereof, your spouse ’s naval
In addition, the Board considered the
October 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 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
NAVY
PERSONNEL
COMMAND
5720 INTEGRITY DRIV
MILLINGTON TN 38055000
E
0
10
Ott
0 2
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 26 Jul 02
(b) Department of Defense Directive 1332.27,
Survivor Benefit Plan of 4 Jan 74
(1) Survivor Benefit Plan
(2) Survivor Benefit Plan
(3) Ltr from
mailout of 15 Mar 79
mailout of 29 Nov 79
of 18 Jun 01
Component Survivor Benefit Plan (RCSBP).
commend the BCNR not correct
ecord to reflect that he
rage in the Reserve
2.
The recommendation is based on the following:
Retired -Reserve,
6 April 1981.
without pay, on 1
ransferred to the
July 1970.
He died
b.
Public Law 95-397 enacted 30 September 1978, permitted
Survivor Benefit Plan (SBP) participation by reservists who met
all eligibility requirements except for the age factor.
was an open enrollment period that commenced 1 October 1978 to
and was later extended to 31 March 1980.
30 September 1979,
Until then,
eligible for participation in the Plan.
reservists not in receipt of retired pay, were not
There
C .
Based on enclosures (1) and
Reserve Personnel Center (NRPC),
enrollment period was mailed to
in March and November 1979. He
mailings.
(2), obtained from the Naval
information regarding the open
has previously indicated in enclosure (3)
which he cited,
SBP, though at that time they were ineligible.
that her attorney was not aware that the provisions of
reference (b),
unless they the reserve member was in receipt of retired pay.
It is unfortunate that
enroll in the RCSBP when offered in 1979, however, without such
there is no entitlement to annuity
an election to participate,
for his widow.
were not applicable in this case
It also appears
did not
Program Manager
Survivor Benefit Plan,
Retired Activities and GI Bill
Programs Branch (PERS-664)
2
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