DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVALRECORDS
2 NAVYANNEX
WASHINGTON DC 2 0 3 7 0 - 5 1 0 0
MEH: ddj
Docket No: 500-03
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 NPC memorandum 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. 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 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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT O F THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON T N 38055-0000
7 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) Department of Defense Financial Management Regulation
(DoDFMR) Volume 7B
) , recommend the BCNR not correct
record to reflect that he elected spouse and
e Survivor Benefit Plan (SBP) on 1 July 1977.
2. The recommendation is based on the following:
a.
transferred to the Retired List on
1 July 1977. He enrolled his eligible incapacitated child in the
SBP at that time.
b. Per reference (b), a member with an eligible spouse, who
elects coverage for his or her eligible child is prohibited from
xcept during an open enrollment
was permitted to enroll his spouse
during the 1 October 1981 to 30 September 1982 and the
1 April 1992 to 31 March 1993 open-enrollment periods. He did
not elect to enroll his spouse during either open enrollment
period.
c. Information regarding the SBP open enrollment periods was
widely publicized in "Shift Colors" (the Navy retirees' quarterly
newsletter) which is provided to all Navy retirees who maintain
up to date address information at the Defense Finance and
Accounting Service-Cleveland Center (DFAS-CL) . It is the
responsibility of the service member to ensure that this
information is current.
Subj :
as not provided sufficient evidence that her
enroll her in the SBP. Additionally,
once annually, which identified his participation in the child
only coverage category.
received a retiree account statement, at least
Survivor Benefit Plan
Retired Activities and GI
Bill Programs Branch
(PERS-664)
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