DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF N A V A L R E C O R D S
2 N A V Y A N N E X
WASHINGTON DC 2 0 3 7 0 - 5 1 0 0
MEH:ddj
Docket No: 769-03
22 April 2003
This is in reference to your application for correction of your deceased former 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 22 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 former spouse's naval
record and applicable statutes, regulations and policies. In addition, the Board considered the
advisory opinion furnished by CMC memorandum 1760 MMSR-6J 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. Gunnery Sergeant Slater terminated his Survivor Benefit Plan (SBP) coverage effective
31 July 1998, during an open disenrollment period. His current spouse concurred with his
termination. A member who terminates coverage during this period is barred forever from
reentering the SBP. 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
DEPARTMENT O F THE NAVY
'
HEADQUARTERS U N I T E D STATES W,ARINE CORPS
S 2 8 O R U S S E L L R O A D
QUANTICO, V I R G I N I A 22 1 9 4 - S 1 O S
IN REPLY REFER TO:
1760
MMSR-6J
20 Mar 03
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj :
Ref:
(a) MMER Route Sheet of 12 Mar 03, Docket No. 0769-03
The reference requests an advisory opinion on'-
.l__y_ petition to correct her late former husband's records
to show that he was enrolled in the Survivor Benefit Plan (SBP)
with former spouse coverage when he died on 12 May 2002.
2. *enrolled
in the SBP in 1986. His
SBP spouse coverage was suspended when he and the petitioner
---
-
1 May 1988. The divorce decree states that 0
would continue to be covered as a former spouse.
However, she was not enrolled as a former spouse because the
decree was not sent to, what was then the Marine Corps Finance
Center in Kansas City, Missouri, within the one year period
immediately following the divorce as is required for a "deemed"
election of former spouse coverage.
3 . When ---' remarried, his SBP coverage was
reinstated on 17 March 1993 on his second wife. Later, with his
spouse ' s consent,
terminated his enroll -
ment in the SBP effective 31 July 1998 during an open disenroll-
ment period. He was not enrolled in the SBP when he died.
4. Because it was the intention of the civil court that Gunnery
Sergeant Slaterl s SBP coverage continue on
as
a former spouse after the divorce, we recommend that the record
be corrected to show that he was enrolled in the SBP with former
spouse coverage from the date of divorce.
Subj :
5 . We further recommend that, after SBP premiums are recouped
for the period from 1 May 1988 through 16 March 1993 (period of
suspension) and from 1 August 1998 through 12 May 2002 (period
of voluntary termination through date of death);-
-be
authorized a monthly SBP annuity as a former spouse.
Retirement Branch
By direction of the Commandant
of the Marine Corps
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