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NAVY | BCNR | CY2006 | 07863-06
Original file (07863-06.rtf) Auto-classification: Denied
                                             DEPARTMENT OF THE NAVY
2 NAVY ANNEX
BOARD FOR CORRECTION OF NAVAL RECORDS
WASHINGTON DC 20370-5100



 DJC
 Docket No. 7863-06
4 January 2007


This is in deference 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 Memo of 28 Nov 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.
Sincerely,


         ROBERT D. ZSALMAN
 Acting Executive Director









Enclosure
 28 Nov 06
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Via:     Assistant for BCNR Matters (PERS-31C)
Subj:    COMMENTS AND USN(RET.)
Ref:     (a) BCNR memo of 15 Sep 0~
          (b)      PHONCON (DFAS-CL)/       (N1352)

 End:     (1) DD Form 2656-2, Survivor Benefit Plan (SBP) Termination Request
1.       Per reference (a), recommend BCNR not correct P02 Gray’s record to reflect that she declined participation in the Survivor Benefit Plan (SBP).

2.       The recommendation is based on the following:

          a.       transferred to the Fleet Reserve on 31 January 2~O4. She was automatically enrolled in the SBP as a result of the Defense Finance and Accounting Service-Cleveland Center (DFAS-CL) not receiving a valid SBP election.
b.       Public ~aw 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 retired pay. She can terminate her participation in the SBP during the one-year period which commenced 1 March 2006 with her spouse’s written doncurrence utilizing the enclosure.
3.       Information regarding the SBP has been available to from “Shift Colors”, the quarterly newsletter provided to all Navy retirees who maintain current correspondence address information with the DFAS-CL. Per reference (b), the DFAS-CL indicated that they have no record that contacted them regarding her election.


P02 spouse has been covered under this program since her date of retirement and she should not receive both the benefit of coverage and a refund of previously deducted premiums. We make every effort to provide favorable recommendations for the member and their family; however, we also have a responsibility public trust.


































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