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NAVY | BCNR | CY2006 | 05888-06
Original file (05888-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 DJC
Docket No. 5888-06
4 January 2007



This is in reference to your application for correction of your naval record pursuant to the provisions of 10 Usc 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 January 2007. 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 memo of 24 Aug 06, 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.
S incerely,



ROBERT D. ZSALMAN
 Acting Executive Director
Enclosure







DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
                                            
                                    24 Aug 06
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Via:     Assistant for BCNR Matters (PERS-31C)
Subj:
Ref:     (a) BCNR memo of 12 Jun 06
End:     (1) DD Form 2656-2, Survivor Benefit Plan (SBP) Termination Request
Per reference (a), recommend BCNR not correct
record to reflect that he declined participation in the Survivor Benefit Plan (SBP).
2. The recommendation is based on the f ollowing:
a. CDR transferred to the Re t ired List on
1 October 2004. He was automatically e rolled in the SBP as a result of thq Defense Finance and Accountings Service-Cleveland Center (DFAS - CL) not receiving a valid BP election.
b.       Public Law 105-85 enacted on 18 November 1997, authorized SBP participants to voluntarily discontinue SBP participation during the one-year period beginning on the second anniversary of the date of commencement of receiving r tired pay. He can terminate his participation in the SBP s uring the one-year period commencing 1 November 2006 with his spouses’ written concurrence utilizing the enclosure.
3. Information regarding the SBP has b en available to from “Shift Colors”, the quar t erly newsletter provided to all Navy retirees who maintain current correspondence address information with the DFAS-CL. On 6 Jul 2005 the DFAS-CL recommended that he contact the BCNR, a d had he done so he would have received assistance via the administrative error correction process.         h as been protected since his date of
 retirement under the SBP and had he die during that period, she would have received an SBP annuity.
Had CDR  contacted this Headquarters during the first year immediately following his retirement w as would have provided him assistance ia the administrative error correction process as
 previously mentioned .    )



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