DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N DC ~ O ~ ~ O - S I O O
MEH : ddj
Docket No: 213-03
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 CMC memorandum 1741.MMSR-615 of 7 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. Although there have been recent changes in the law regarding spousal concurrence
with a nonelection in the Reserve Component Survivor Benefit Plan these changes are not
applied retroactively. In this connection, the Board disagreed 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. 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.
Enclosure
Sincerely,
W. DEAN PFEIFFER
Executive Director
'.
HEADQUARTERS UNITED STATES MARINE CORPS
DEPARTMENT O F THE N A V Y
3260 RUSSELL ROAD
QUANTICO, VIRGINIA 22 134-5 1 0 3
IN REPLY REFER TO:
1741
MMSR-6/5
7 Mar 03
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj :
Ref: (a) MMER Route Sheet of 27Feb03, Docket No. 0213-03
The reference requests an a
petition to correct
show that he was enrolled in the Reserve Component survivor
Benefit Plan (RCSBP) when he died on 3 June 2000.
record to
2. On 13 December 1989,#was
Notice of Eligibility (NOE) to receive retirement benefits at age
60. That NOE would have afforded him the opportunity to enroll
in the RCSBP to provide a monthly annuity to-
in the
event of his death. We have no proof that the NOE was yeceived.
We received no response to that notification from
I- He was, therefore. not enrolled in the RCSBP.
sent a
- -
-
3. However, given the recent changes to the law regarding
spousal concurrence with-a nonelection of RCSBP coverage, we
recommend? approval of a(l . -".-"_
the RCSBP with full ~ . ~ o u s e c
provide a monthly annuity to
2000.
effective on 3 June
under Option C which would
L petition. We recommend that
recor2rbe corrected to show enrollment in
~ e t irement Branch
By direction of the Commandant
of the Marine Corps
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