DEPARTMENT OF THE
NJIVY
BOARD FOR CORRECTION OF NAVAL
2 NAVY ANNE
X
kECORDS
WASHINGTON DC 20370-510
0
MEH:ddj
Docket No: 6758-01
15 January 2002
This is in reference to your application for correction of your deceased spouse’s 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 15 January 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 spouse’s naval record
and applicable statutes, regulations and policies.
In addition, the Board considered the advisory
opinion furnished by NPC memorandum of 1 November 2001, a copy of which is attached.
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. In this regard, it is important
to keep in mind that a presumption of regularity attaches to all official records. Consequently,
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAV
Y
N A VY
PERSONNEL COMMAN
5720 INTEGRITY DRIV
E
MILLINGTON TN 38055-000
D
0
1 Nov 01
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for BCNR Matters (PERS-OOZCB)
Subj:
Ref:
(a) BCNR memo of 16
(b)
Ott 01
DOD Financial Management Regulation (Vol
7B)
Per reference
1 .
Commander
Benefit Plan
ecord to reflect that
is his Reserve Compon
(RCSBP)'eligible beneficiary.
(a), recommend BCNR not correct Lieutenant
2.
The recommendation is based on the following:
a.
Lieutenant Commande
Retired List (without pay)
apparently made an election under the Uniformed Services
Contingency Option Act of 1953,
Navy Family Allowance Activity on 4 January 1961.
Notice of Eligibility for Retired pay at age 60 was
forwarded to him on 18 July 1967.
which was received by U. S.
His
ransferred to the
er 1969. He
b.
Lieutenant
were married on 2 September 1947.
He died 24 April
1980.
C . Public Law 83-239 authorizes a voluntary survivorship
annuity plan under which members of the Uniformed Services
may provide an annuity for their spouses and/or eligible
dependent children after the member's death in retirement.
This legislation was first known as the Uniformed Services
Contingency Option Act of 1953
renamed the Retired Serviceman's Family Protection Plan
(RSFPP) by Public Law 87-381. Members on the Retired list
without pay who did not complete the requirements to receive
retired pay were ineligible for this plan.
(USCOA).
It was amended and
d.
A member who was eligible for retired pay under
United States Code, Chapter 1223, on 30 September
or who received by 30 June
Title 10,
1978, but who was under age 60,
1979, a notification of completion of the years of service
required for eligibility of such retired pay, had until
Public Law
30 September 1979 to make an RCSBP election.
96-107 extended the period to elect participation in RCSBP.
Any member who met the service requirement, but not the age,
before 30 September 1978,
RCSBP,
to decline RCSBP,
election.
A member who declined RCSBP or revoked a previous
election retained eligibility to participate in the Survivor
Benefit Plan (SBP) at age 60.
had through 31 March 1980 to elect
or to revoke a previous RCSBP
e .
The Naval Reserve Personnel Center (NRPC) verified
participat
as offered the
SBP on two separate
The first being during the transitionary
that Lieutenant Commander
opportunity to
occasions.
enrollment of 15 March 1979,
survivor benefit information was forwarded to the most
current address they had on file.
NRPC informed of any change of address or updated family
situation (i.e.,
statements from
update his address information with the NRPC.
ild, divorce, etc.).
*her late husband did not
and again on 29 November 1979
A member must keep the
Based on
In light of the above,
3.
an RSFPP or RCSBP annuity.
is not entitled to
Head, Retired Admin
Casualty Assistance and
Retired Activities Division
(PERS-62)
Section
2
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