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NAVY | BCNR | CY2003 | 05676-03
Original file (05676-03.pdf) Auto-classification: Denied
D E P A R T M E N T O F T H E  NAVY 

BOARD  FOR  C O R R E C T I O N   O F   NAVAL  R E C O R D S  

2  N A V Y A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

MEH:ecb 
Docket No:  5676-03 
15 October 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 October 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  PERS  memorandum dated 28  August 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, 

Enclosure 

TION ICO 
,  DOCKET NO. 05676-03 

3.  Based on information contained in his application, it is 
clear that-is 
not aware of the criteria or procedures 
required to withdraw from the SBP.  Reference  (b) also states, 
in part, that a retired member was permitted to discontinue 
participation in the SBP during the period 17 May 1998 to 
16 May 1999.  This information was widely publicized in the 1998 
Spring, ~ummer/Fall and Winter editions of  "Shift Colors", 
(the Navy's quarterly newsletter) which is provided to 
all Navy retirees who maintain their address information current 
with the DFAS-CL. 
participation at that time. 

did not seek to discontinue 

4.  Public Law 106-117 did not change the above-mentioned SBP 
withdrawal criteria, however, it did change the Dependency and 
Indemnity Compensation  (DIC) entitlement for surviving spouses. 
It permits payment of DIC to a surviving spouse if a veteran was 
a former Prisoner of War  (POW) who died after 30 September 1999 
and the disability was continuously rated totally disabling for 
a period of not later than one year immediately preceding death. 
It should be noted that based on 
spouse will not receive an SBP annuity but will be entitled to 
full refund of previously paid SBP premiums based on her 
entitlement to DIC. 

retired pay, his 

Program Manager 
Survivor Benefit Plan, Retired 
Activities and GI Bill 
Programs Branch  (PERS-664) 

DEPARTMENT O F  THE NAVY 

NAVY PERSONNEL COMMAND 

5720 INTEGRITY DRIVE 

MILLINGTON TN 38055-0000 

28 Aug 03 

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS  (BCNR) 

Via:  Assistant for BCNR Matters  (PERS-OOZCB) 

OMMENDATION ICO 

DOCKET NO. 05676-03 

Ref: 

(a) BCNR memo of 13 Aug 03 
(b) DoD Financial Management Regulation, Volume 7B 

ference  (a), recommend the BCNR not correct 

Benefit Plan (SBP) . 

record to reflect that he withdrew from the Survivor 

2.  The recommendation is based on the following: 

transferred to the Retired List on 1 March 1954. 

b.  He enrolled in the SBP spouse category on 16 August 1982. 

c.  Per reference  (b), any person who elects to participate 

in SBP with a service-connected disability rated by the 
Department of Veterans Affairs  (VA) as totally disabling and is 
so rated for at least 5  years from date of last discharge or 
release from active duty or 10 or more continuous years may 
request to discontinue participation in the Plan.  The member 
must submit a written request to L ! I ~  Dei-!IS?: ,:~:~:i!li:e h i ! d  
Accounting Service-Cleveland Center  (DFAS-CL) requesting 
withdrawal from the Plan.  The initial date for determining the 
5 or 10-year period is the effective date of the VA rating of 
total disability.  The request to withdraw must be with the 
written consent of -the beneficiary under the Plan.  Based on the 
above criteria- 
SBP effective 1 November 2007 based on having been disabled for 
at least 10 continuous years. 

will be eligible to withdraw from the 



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