DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC
2b370-5100
S
MEH:ddj
Docket No: 7993-02
13 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 13 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 spouse
’s naval
In addition, the Board considered the
record and applicable statutes, regulations and policies.
advisory opinion furnished by CMC memorandum 1741 MMSR 6 of 22 October 2002, 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. A Survivor Benefit Plan (SBP) election must be made within one year of the event.
Therefore, Colonel Dougherty had one year after your 24 November 1993 marriage to enroll in
SBP for spouse coverage. The newsletter for retired marines, ‘Semper Fidelis ’, routinely carries
articles about SBP, including phone numbers to call for information. The Defense Finance and
Accounting Service will also provide information.
coverage he could have obtained the necessary information from either of these sources.
is no indication that he attempted to do so.
recommendation contained in the advisory opinion.
denied. The names and votes of the members of the panel will be furnished upon request.
There
In this connection, the Board did not concur with the
Accordingly, your application has been
If your husband desired to change his
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. 7993-02
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
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROA
QUANTICO, VIRGINIA 22
D
134
.6
Y
IO3
TO:
IN REPLY REFER
174 1
MMSR-6
22
Ott 02
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
.
NAVAL RECORDS
CASE OF THE LATE COLONEL
BMITTED BY HIS WIDOW,
Ref:
(a) MMER Route Sheet of
lOOct02, Docket No. 7993-02
a) requests an a
ition to correct
s enrolled in th
with spouse coverage when he died on 26 December 2001.
S .
record to
an
(SBP)
vorced in Marc
er 1979 Colone
became eligible for transfer to the Retired Reserve
child only coverage under the Reserve Component Survivor Benefit
His youngest
Plan (RCSBP) with a reduced base amount of $500.
reached the age of 60 and
child was then 9.
His RCSBP child
began receiving retired pay on 18 April 1984.
coverage became SBP child coverage on that date.
Colonel
an
On 24 November 1993, Colonel and Mrs.
3.
each other.
beneficiary.
Defense Finance and Accounting Service that he had no eligible
benefic.iary so that his child coverage could be suspended.
SBP
Bemarried
The youngest child was then 23 and not an eligible
It was the Colonel's responsibility to notify the
Colonel
4.
of spouse c
request on his part. We, therefore, recommend that the
be granted favorable consideration and that Colonel
record be corrected to show enrollment in the SBP with reduced
spouse coverage effective on 24
ay not have been aware that an election
not automatic and required a voluntary
Separation and
Retirement Branch
By direction of the Commandant
of the Marine Corps
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