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NAVY | BCNR | CY2002 | 07794-02
Original file (07794-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

MEH:ddj
Docket No: 7794-02
5 November 2002

This is in reference to your application for correction of your deceased former spouse
record pursuant to the provisions of title 10 of the United States Code, section 1552.

’s naval

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 support thereof, your former spouse
naval record and applicable statutes, regulations and policies.
the advisory opinion furnished by NPC memorandum of 11 October 2002, a copy of which is
attached.

’s
In addition, the Board considered

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  
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,

are such that favorable action cannot be taken.

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAVY
D

N AVY  PERSONNEL COMMAN
5720 INTEGRITY DRIVE

MILLINGTON TN 38055-0000

11 

Ott

 0 2

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL 

RECORDS 

(BCNR)

Via:

Assistant for BCNR Matters  

(PERS-OOZCB)

Subj:

Ref:

(a) BCNR memo of 20 Sep 02
(b) 

DOD Financial Management Regulation (Volume  

7B)

to reference (a),
record to reflect that he elected former spouse
coverage under the Survivor Benefit Plan (SBP) within one year
of his divorce.

recommend the BCNR not correct

2.

The recommendation is based on the following:

a.
Retire
participation in the SBP at that time.

on 22 January 2001.

transferred to the Temporary Disability

He declined

b.

Chief
27 April 1999.

ere divorced on
2001.

C .

Per reference (b),

if a member was required to elect

The member must notify the Defense

former spouse coverage by a court order, incident to a
proceeding of divorce, dissolution, or annulment, the member may
elect to change to former spouse category coverage within
one-year of that date.
Finance and Accounting Service-Cleveland (DFAS-CL), in writing
of their desire to enroll their former spouse, and provide them
the necessary documentation (i.e. divorce decree).
spouse may also "deem"
when a member enters,
dissolution,
provide an SBP annuity to a former spouse, and such agreement
has been incorporated in,
order, or has been filed with the court of appropriate
jurisdiction in accordance with applicable State law, or in
cases where the member is required by a court order to make a
former spouse election.

an election of former spouse coverage
incident to a proceeding of divorce,

or annulment, into a written agreement to elect to

If the member then fails or refuses to

or ratified or approved by, a court

The former

the member shall be deemed to have made such

make such election,
election if the DFAS-CL receives a written request from the
former spouse or the former spouse's attorney on behalf of the
former spouse.
within one year of the date of the court order or filing to be
valid.

This request must be received by the DFAS-CL

requested to enroll his

eceived a

Additionally,

There is no evidence that

3.
former spouse in the SBP.
letter from DFAS-CL dated 14 June 1999 which stated in part "If
your divorce decree specifies that you are to be designated as a
former spouse beneficiary for the Survivor Benefit Plan (SBP), you
for SBP coverage within one year of
must make a "deemed election"
the date of your divorce directly to the Retired Pay office,
DFAS-CL, Attn Code FRABA, P.O. Box 99191, Cleveland, Oh
44199-1126".
thought SBP coverage was going to be automatic, the DFAS-CL letter
specifically provided the guidelines and were within the one-year
timeframe required for her to "deem" the election.

Though she indicates in her application that she

Survivor Benefit Plan
Retired Activities and GI
Bill Programs Branch (PERS-664)

2



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