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NAVY | BCNR | CY2003 | 00213-03
Original file (00213-03.pdf) Auto-classification: Denied
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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