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NAVY | BCNR | CY2002 | 09563-02
Original file (09563-02.pdf) Auto-classification: Denied
DEPARTMENTOFTHE NAVY 

BOARD  F O R C O R R E C T I O N   O F   NAVAL  R E C O R D S  

2   NAVY  ANNEX 

W A S H I N G T O N   DC  2 0 3 7 0 - 5 1 0 0  

MEH:ddj 
Docket No:  9563-02 
15 April 2003 

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 April 2003.  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  17 March  2003, 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  rqrext. 

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 NAVY 

NAVY PERSONNEL COMMAND 

5720 INTEGRITY DRIVE 

MILLINGTON TN 38055-0000 

17 Mar 03 

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Via:  Assistant for BCNR Matters  (PERS-OOZCB) 

Subj : 

Ref: 

\ 

(a) BCNR Pay memo of 13 Feb 03 
(b) DoD Financial Management Regulation (Volume 7B) 

ce (a), recommend the BCNR not correct 

record to reflect that he enrolled in the 

Sdkvivor Benefit Plan (SBP) within one year of his marriage. 

2.  The recommendation is based on the following: 

a. 

b. 

1 November 1982.  He elected the SBP children only coverage at 
that time, having no eligible spouse.  He died on 17 July 1995. 

transferred to the Fleet Reserve on 

1 D e c e m b m  

'i 

and -were 

3 

married on 

c.  Per reference (b) , 

had one year from his 

date of marriage to e n r o l l m e .  He did not take 
advantage of this opportunity.  He also could have enrolled her 
during the 1 April 1992 to 31 March 1993 open season. 

did not seek enrollment at that time either. 
also received a Retiree Account Statement  (RAS) 

each tlme there was a change in his retired pay and at least one 
annually.  This statement identified him as a participant in the 
SBP Children only coverage, and he took no action to enroll his 
spouse.  Additionally, "Shift Col 
newsletter) which was provided to 
contained information regarding the SBP, as well as the oDen 
season enrollment 

howecer, he did not enroll his spouse. 

3 .   There are no other provisions under federal law which permit 
payment of an SBP annuity to the spouse of deceased retirees who 
are not enrolled in this plan. 

Program Manager 
Survivor Benefit Plan 
Retired ~ctivities and GI Bill 
Programs Branch  (PERS-664) 



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