DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX
NAVY
2
WASHINGTON DC 20370-510
0
S
MEH: ddj
Docket No: 5261-03
26 August 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 26 August 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 3 1 July 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.
the-Board reconsider its
It is regretted that the circumstances of your case are such that favorable action cannot be taken.
-You are entitled to have
neWaiid~ 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.
decisionuionsubniission
%f
Sincerely,
Enclosure
DEPARTMENT
OF THE NAV
COMMAND
NAVY
PERSONNEL
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
Y
31 Jul 03
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for BCNR Matters (PERS-OOZCB)
Subj:
Ref:
(a) BCNR memo of 8 Jul 03
(b)
DOD Financial Management Regulation (Volume
7B)
Per reference (a), recommend BCNR not correct
1.
record to reflect that he enrolled in the Survivor Benefit
(SBP)
29 February 2000 open enrollment season.
r spouse category coverage,
during the 1 March 1999 to
Plan
2.
The recommendation is based on the following:
transferred to the Fleet Reserve on
e declined participation in the Retired
rotection Program (RSFPP) at that time.
passed away on 14 May 2003.
b.
Public Law 92-425 of 21 September 1972 established the
Retirees were mailed information
Survivor Benefit Plan (SBP).
packages explaining the program and offering them an opportunity
to enroll in the SBP during the 2
20 September 1973 open season.
opportunity to enroll in SBP during the
30 September 1982, and 1 April 1992 through 31 March 1993. He
did not elect to enroll his spouse during any of the above open
seasons.
1 October 1981 through
r 1972 through
was also offered the
-various
a-speets of
"Shift Colors"
(the Navy retirees'
~.information on
quarterly newsletter)
3.
_provided_~
SBP~~to~~Incl~ude the
announcement of the 1 March 1999 to 29 February 2000 open season
enrollment period in the Spring 1999 issue.
included the required form, with instructions,
mail this form to complete enrollment in the
did not use the required form.
received a Retiree Account Statement
change in his retired pay and at least one annually.
statement identified him as a non-participant in the SBP.
This issue also
(RAS) each time there was a
In addition,
and the address to
This
Subj:
4.
There are no other provisions under federal law, which permit
payment of an SBP annuity to the spouse of a deceased retiree who
did not enroll in this plan.
Program Manager
Survivor Benefit Plan
Retired Activities and GI Bill
Programs Branch (PERS-664)
2
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