DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
MEH:ddj
Docket No: 7274-01
19 March 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 19 March 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 CMC memorandum 1760 MMSR-6J of 7 December 2001, 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. You have been receiving Retiree Account Statements since 1994, which
would show that there were no deductions from your retired pay for the Survivor Benefit Plan
(SBP). You waited seven years to request enrollment, based on the allegation that your spouse
never provided the required written concurrence with a declination. You have provided no
documentation that would support your request. 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.
Docket No: 7274-01
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
HEADQUARTERS
DEPARTMENT OF THE NAV
3280 RUSSELL ROA
QUANTICO. VIRGINIA 22
UNITED STATES MARINE CORPS
Y
D
134-S
I03
TO:
IN
REFER
REPLY
176 0
MMSR-6J
7
Dee 01
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
ERY
._1.
.,
Ref:
(a) MMER Route Sheet of
26Nov01, Docket
No.
7274-01
1.
The reference requests an advisory opinion
etition to correct his record
Survivor Benefit Plan (SBP).
on Gunnery
with regard to
2 .
Reserve on
transferred to the Fleet Marine Corps
He is not enrolled in the SBP.
has contacted the Defense Finance and
Ohio requesting enrollment in
Cleveland,
that to enroll at this time would require
He was tc
that he pay back premiums from his retirement date in 1994.
it appears that, by his petition,
3.
requests that he be enrolled in
premiums because his enrollment form was not properly completed
prior to his
there is not enough
explanatory or supportive evidence with the petition to warrant
favorable consideration.
Unfortunately,
retirement.
,the SB
We defer further opinion to the Defense Finance and
4.
Accounting Service in Cleveland, Ohio.
Head, Separation and
Retirement Branch
By direction of the Commandant
of the Marine Corps
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