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NAVY | BCNR | CY2004 | 01623-04
Original file (01623-04.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
 WASHINGTON DC 20370-5100       


         MEH:ddj
Docket No: 1623-04
11 May 2004



SGT USMC

Dear SERGEANT:

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 11 May 2004. 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 CMC memorandum 1760 MMSR 6J of 8 April 2004, 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. The Board cannot disenroll you from SBP spouse coverage without a notorized statement from your spouse that she agrees with your decision to disenroll and understands she will no longer be entitled to an SBP annuity. 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,


W. DEAN PFEIFFER

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
 QUANTICO, VIRGINIA 22134-5103

                           IN REPLY REFER TO:
                                                                                           1760 MMSR- 6J
                                                                                          8 Apr 04

 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    BCNR APPLICATION IN THE CASE OF SERGEANT USMC (TEMPORARY RETIRED)
Ref:     (a) MMER Route Sheet of 10Mar04, Docket No. 1624-04
1.       The reference requests an advisory opinion on Sergeant petition to correct his records to show that he is not enrolled in the Survivor Benefit Plan (SBP).
2.       Prior to his transfer to the Temporary Disability Retired List (TDRL) on 16 December 2002, Sergeant was determined mentally incompetent and his father, was appointed Trustee for Sergeant affairs.
3.       When placed on the TDRL Sergeant was erroneously enrolled in the SBP in the Insurable Interest category with his father as beneficiary. Because Sergeant do was married at the time of his retirement and has a child, the Insurable Interest category was not a valid election. Sergeant SBP election has been corrected by the Defense Finance and Accounting Service and he is now properly enrolled in the SBP with spouse coverage.
3.       Given the facts of this case, we cannot recommend favorable consideration for Sergeant petition. No further correction of his record is warranted.


                                                                        Head, Separation and
Retirement Branch By direction of the Commandant of the Marine Corps

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