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NAVY | BCNR | CY2004 | 04755-04
Original file (04755-04.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX   
         WASHINGTON DC 20370-5100
                  MEH: mh
                   Docket No. 4755-04
                  3 August 2004

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 3 August 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 NPC memorandum of 9 July 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. In this connection, the Board substantially concurred with the comments contained i 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
Executive Director

Enclosure


DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
9 Jul 04
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
 NAVAL RECORDS
Via:     Assistant for BCNR Matters (PERS-OOZCB)
Subj:    (
Re f :     (a) BCNR memo of 18 Jun 04
 (b)      DoD Financial Management Regulation (Volume 7B) End: (1) ~DD Form 2618 dtd 7 Apr 92
1.       Per reference (a), recommend BCNR not correct record to reflect that he enrolled in the
 Supplemental Survivor Benefit Plan (SSBP) at the 20% level of coverage.
2.       The recommendation is based on the following:
a. transferred to the Retired List on 1 September 1981. He declined participation at that time.
b.       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.
         c. enrolled in the SEP and elected SSBP at the 10% level during the 1 April 1992 to 31 March 1993 open season Enclosure (1) is germane. receives a Retiree Account Statement (RAS) each time t er~ is a change in his retired pay and at least one annually. This statement identified him as a participant in the SSBP with 45% annuity payable to his spouse after age 62. Additionally, “Shift Colors” (the Navy quarterly newsletter) is provided to  routinely contains information
 regarding the SBP.
         
        
Program Manager
Survivor Benefit Plan (SBP)
Survivor Benefits and Entitlements
Branch (PERS-622)
By direction

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