DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH:ddj
Docket No: 3 140-03
24 June 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 24 June 2003.
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.
opinion furnished by NPC memorandum of 28 May 2003, a copy of which is attached.
In addition, the Board considered the advisory
Your allegations of error and injustice
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.
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.
In this regard, it is important
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENTOFTHENAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 380550000
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for BCNR Matters (PERS-OOZCB)
28 May 03
Subj:
Ref:
Encl:
(a) BCNR memo of 1 May
03
(1) DD Form 2656 dtd 22 Jun 01
(2) DD Form 2656-2,
Survivor Benefit Plan (SBP)
Termination Request
1.
Per reference (a), recommend BCNR not correct
record to reflect that she did not participate
in the Survivor Benefit Plan
(SBP).
2.
The recommendation is based on the following:
a.
31 January 2002.
spousal per enclosure (1).
transferred to the Fleet Reserve on
She elected spouse and child coverage with
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.
date that the retiree becomes entitled to retired pay.
The date of commencement is defined as the
may elect to terminate SBP participation effective
1 February 2004, with her spouse's written concurrence,
utilizing enclosure
Finance and Accounting Service,
Pay, Post Office Box 7130, London, KY 40742-7130.
(2), and forwarding it to the Defense
U.S. Military Retirement
formation regarding the SBP has been available to
from "Shift Colors" the quarterly newsletter
provided to all Navy retirees who maintain current address
Though we make every effort
information with the DFAS-CL.
to provide favorable recommendations for the member and her
family, we also have a responsibility as stewards of the
public trust.
D RECOMME
4.
,~ith that thought in mind, it should be noted that
spouse and children have been protected
SBP for the past 16 months.
This means that if
she had died during this period, her sp
received an SBP annuity.
Additionally,
"Retiree Account Statement"
well as whenever there was any change to her retired p
(RAS) at least once annually,
have
received a
as
clearly identified her as an SBP participant.
had contacted this Headquarters, within the first year
retirement, we would have provided her assistance via
I
the administrative error correction
recess.
Survivor Benefit Plan
Retired Activities and GI Bill
Programs Branch (PERS-664)
2
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