DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

MEH: ddj
Docket No: 10865-02
22 January 2003

This is in reference to your application for correction of your 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 22 January 2003.
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 naval record and
applicable statutes, regulations and policies.
opinion furnished by NPC memorandum of 12 July 2002, a copy of which is attached.

In addition, the Board considered the advisory

Your allegations of error and injustice

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. You were aware that Survivor Benefit Plan (SBP) premiums were being deducted
from your retainer pay since May 1993, however there is no evidence you attempted to correct
the situation until April 2001. Even though you were unable to locate a copy of the
NAVCOMPT 2272 form you and your spouse completed, declining   SBP, you could have
contacted BUPERS or the Defense Finance and Accounting Service (DFAS) and requested
assistance. As mentioned in the advisory opinion, you could also have requested discontinuance
of your SBP coverage during the one-year open-season period from 17 May 1998 through 16
May 1999. In this connection, the Board substantially concurred with the comments contained
in the advisory opinion. Accordingly, your application requesting all SBP monies be returned to
you has been denied. However, you may request the Board correct your record to show you
took advantage of the May 1998  
that correction made to your record please notify the Board of such, in writing. Note that if you
discontinue participation during this open-season you cannot reenter the plan and there is no
refund of premiums. The names and votes of the members of the panel will be furnished upon
request.

- May 199 open-season for discontinuance.

If you would like

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
PERSONNEL COMMAN
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

NAVY 

 

NAbi
D

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS (BCNR)

Assistant for BCNR Matters (PERS-OOZCB)

Via:

Subj

Ref: (a)

(b)
(c)

BCNR memo of 14 Jun 02
DOD Financial Management Regulation, Volume 7B
Barring Act,
31 United States Code, 3702(b)(l)

Encl:

(1)

PO1

s ltr to DFAS-CL of 24 Jan 02

In response to reference (a),

1.
Petty Officer
refund of Survivor Benefit Plan  
if relief is granted it should not exceed the guidelines
contained in reference  

*record to reflect that he is entitled to a
Additionally,

recommend the BCNR not correct

(SBP) premiums.

(b).

2.

The recommendation is based on the following:

a.

Petty Officetransferred to Fleet Reserve on

A review of his service record indicates that he
On 1 May 1993

30 April 1993.
was married and eligible children at that time.
he was automatically enrolled in the SBP spouse category as a
result of the DFAS-CL not receiving his NAVCOMPT 2272 prior to
retirement.

b.

Public Law 105-85 enacted 18 November 1997, authorized

members to discontinue participation in the SBP, during the
one-year period, commencing on their second anniversary of
participation in the Plan.
Additionally, a member whose second
anniversary occurred before 17 May 1998 had until 16 May 1999 to
request discontinuance.
provision was published in "Shift Colors" (the Navy's quarterly
newsletter) to retirees who maintain their address information
current with DFAS-CL.
Spring, Summer/Fall and Winter editions.
record of correspondence from Petty Officer Ream prior to his 24
January 2002 letter.

These articles were published in the 1998

Information regarding this new

The DFAS-CL has no

-

Subj:

C .

Reference 

(c) states in part,

the United States is barred unless such  
six years after the date such claim first accrued.
Act does not merely establish administrative guidelines; it
specifically prescribes the time within which a claim must be
received in order for it to be considered on its merits.
(,l) by Petty Officers
is no record,
requesting enrollment of his dependent daughter.

except enclosure

 

that every claim against
claim is received within
The Barring

There

3 .

Each year in the December/January timeframe

receives a Retiree Account Statement, from
and Accounting Service-Cleveland (DFAS-CL).

the amount of

This statement
the deduction of SBP premiums, though

This statement contains vital information on  
retired pay received and any deductions.
indicated annually,
DFAS-CL has no record of him contacting them in an attempt to
correct this error.
Activities Offices  
would have assisted Petty Officer Ream in discontinuing his
participation in the SBP had he previously sought such
assistance.
Petty Office
in an appropriate United States Court.

If the BCNR does not rule favorably in his case,

PERS-62 and the Independent Retired

still has the right to bring a civil action

(IRAOs), in the Republic of the Philippines,

It should be noted that in providing this advisory opinion

which favors both he and his family.

4 .
we would like to try to support Petty  
make a recommendation,
However, in this case I feel compelled to point out our
responsibility as stewards of the public trust.
years
means
have received an SBP annuity even if she thought she was not
entitled to it.

has been protected under this program.

passed away,

This
would

Officwequest  and

For the past 9

Survivor Benefit Plan, Retired
Activities and GI Bill Programs
Branch (PERS-604)

2