DEPARTMENT OF THE 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 20370-5100
MEH:ecb
Docket No: 6133-03
21 October 2003
Dear
This is in reference to your application for correction of your deceased
pursuant to the provisions of title 10 of the United States Code, section
spouse's naval record
1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session,
considered your application on 21 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 spouse's naval record
and applicable. statutes, regulations and policies. In addition, the Board considered the advisory
opinion furnished by PERS memorandum dated 30 September 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
DEPARTMENT O F THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON T N 38055-0000
30 Sep 03
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: Assistant for BCNR Matters (PERS-OOZCB)
Subj :
DOCKET NO. 06133-03
Ref:
(a) BCNR memo of 26 Aug 03
(b) DoD Financial Management Regulation (Volume 7B)
1. Per .reference (a) , recommend BCNR not correct
-record
Benefit Plan (SBP).
to reflect that he enrolled in the Survivor
2. The recommendation is based on the following:
a. -transferred
to the Fleet Reserve on
24 May 1976. He declined participation at that time.
b.
married
.
.
He died o n 9 January 1999.
on 4 May 1996.
c. Reference (b) states in part that if a member declines
coverage at retirement they are prohibited from participation in
the SBP except during an open enrollment period.
3. -eceived
a Retiree Account Statement (RAS) each time
there was a change in his retired pay and at least one annually.
This statement identified him as a non-participant in the SBP.
Additionally, hift Colors" (the Navy quarterly newsletter) was
provided to
regarding the SBP.
and routinely contained i n f o n s + i on
4. In accordance with reference (b), there are no provisions
under public law to provide an SBP annuity to the spouse of a
member who is not enrolled.
Program Manager
Survivor Benefit Plan (SBP)
Casualty ~ssistance/~O~-MIA
Division (PERS-62)
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