DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL
REtORDS
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
MEH:ddj
Docket No: 8056-01
15 January 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 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
and applicable statutes, regulations and policies.
opinion furnished by NPC memorandum of 4 December 2001, a copy of which is attached.
’s naval record
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. 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
NA VY
PERSONNEL
COMMAND
5720 INTEGRITY DRIVE
MILLINGTON
TN 38055-0000
Y
4
Dee 01
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Subj:
Ref:
Assistant for BCNR Matters (PERS-OOZCB)
.
(a) BCNR memo of
(b)
5 Nov 01
DOD Financial Management Regulation (Vol 7B)
Per reference (a),
1.
Chief Petty Officer
enrolled in the Survivor Benefit Plan (SBP) spouse category
coverage effective 22 July 1990.
recommend BCNR not correct
record to reflect that he
2.
The recommendation is based on the following:
a.
Chief Petty Officer
Reserve on 31 July 1981.
subsequently declined participation in SBP.
H
transferred to the Fleet
single at that time, and
b.
Chief Petty Officer
married on 22 July 1989.
and
were
C .
Per reference (b),
if a member with no eligible
dependents at the time of retirement later marries or
remarries he or she may within one year of that marriage
enroll their new spouse in SBP. The Defense Finance and
Accounting Service-Cleveland (DFAS-CL) indicates that Chief
Petty Officer
marriage.
assistance from the Casualty Assistance and Retired
Activities Division,
timeframe.
is no record that he requested
did provide documentation regarding his
PERS-62 here in Millington during that
There also
(the retirees'
II Shift Colors"
3 .
regularly provides information on various aspects of SBP.
as well as various periodicals from Navy
This newsletter,
fraternal organizations also provides SBP information to the
retired community on a routine basis.
Additionally,
quarterly newsletter)
PERS-62 and local Retired Activities Offices
been available to provide information regarding SBP since
Chief Petty Officer
transfer to the Fleet Reserve.
(RAOs) have
Admin Section
Casualty Assistance and
Retired Activities
Division (PERS-62)
2
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