DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F N A V A L R E C O R D S
2 NAVY ANNEX
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
MEH:ddj
Docket No: 734-03
15 April 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 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 naval record and
applicable statutes, regulations and policies. In addition, the Board considered the advisory
opinion furnished by NPC memorandum of 20 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.
YQU 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 TN 38055-0000
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: Assistant for BCNR Matters (PERS-OOZCB)
20 Mar 03
Ref:
(a) BCNR memo of 13 Feb 03
Encl :
(1) DD Form 2656-2, Survivor Benefit Plan (SBP)
Termination Request
1. Pe,r reference (a), recommend BCNR not correct
record to reflect that he did not participate
in the Survivor ~enefit Plan (SBP).
2. The recommendation is based on the following:
a. -transferred
to the Fleet Reserve on
31 July 2001. Current law, requires that a member be
automatically enrolled with full coverage in the SBP if the
Defense Finance and Accounting Service-Cleveland (DFAS-CL)
does not receive a valid election from the retiring service
member prior to their date of retirement. It is strictly as
a result of this fact that-was
enrolled in the SBP spouse category of coverage.
automatically
b. public Law 105-85 enacted 18 November 1997,
authorized SBP participants to voluntarily discontinue SBP
participation during the one-year period beginning on the
second anniversary of the date of commencement of receiving
retired pay. The date of commencement is defined as the
date that the retiree becomes entitled to retired pay.
may elect to terminate SBP participation
2003, with his spouse's written
-September
concurrence, utilizing the enclosure, and forwarding it to
the Defense Finance and Accounting Service, U.S. Military
Retirement Pay, Post Office Box 7130, London, KY 40742-7130.
ICO '
-
.
CKET NO. 00734-03
ion regarding the SBP has been available to
from "Shift Colors" the quarterly newsletter
all Navy retirees who maintain current address
information with the DFAS-CL. Though we make every effort to
provide favorable recommendations for the member and his family,
we also have a responsibility as stewards of the pu
With that thought in mind, it should be noted that
spouse has been protected under the SBP for the past year and a
half. This means that if he had died during this period, his
spouse would have received an SBP annuity even if she were not
aware that she was entitled to it. Additionally, PO1 Macaraeg
received a "Retiree Account Statement" (RAS) at least once
annually, as well as whenever there was any change to his retired
pay which clearly identified him as an SBP participant. If
had contacted this Headquarters, within the first
-retirement,
the administrative error correction process.
we would have provided him assistance via
-
- ---
Program Manager
Survivor ~enefit Plan
Retired ~ctivities and GI Bill
Programs Branch (PERS-664)
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