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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