Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 07937-06
Original file (07937-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

                                                                                                    DJC
                                                                         Docket No. 7937-06
                                                                         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 Memo of 27 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.
Sincerel ey


ROBERT D. ZSALMAN
Acting Executive Director
Enclosure








27 Nov 06
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Via:     Assistant for BCNR Matters (PERS-31C)
Subj:    COMMENTS AND RECOMMENDATIONS ICO USN(RET.)
Ref:     (a) BCNR memo of 15 Sep 06
End:     (1) DD Form 2656-2, Survivor Benefit Plan (SBP) Termination Request
1. Per reference (a), recommend BCNR not correct SCPO    record to reflect that he declined participation in the Survivor Benefit Plan (SBP).
2. The recommendation is based on the following:
a.       transferred to the Fleet Reserve on 31 August 2005. He 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 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 retired pay. He can terminate his participation in the SBP during the one-year period commencing 1 October 2007 with his spouse’s written concurrence utilizing
enclosure (1).
3.       Infor ma tion regarding the SBP has been available to SCPO ‘from “Shift Colors”, the quarterly newsletter provided to all Navy retirees who maintain current correspondence address information with the DFAS-CL. SCPO ~ spouse has been covered under this program since he retired and he 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 as stewards of the public trust. s spouse has been protected since her date of retirement under the SBP and had she died during that period, his spouse would have received an SBP annual



Similar Decisions

  • NAVY | BCNR | CY2006 | 07863-06

    Original file (07863-06.rtf) Auto-classification: Denied

    7863-06 4 January 2007This 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. 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...

  • NAVY | BCNR | CY2006 | 10281-06

    Original file (10281-06.rtf) Auto-classification: Denied

    10281-0631 January 2007This 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 30 January 2007. 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...

  • NAVY | BCNR | CY2006 | 10069-06

    Original file (10069-06.rtf) Auto-classification: Denied

    10069-0631 January 2007This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC1552.A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 January 2007. 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...

  • NAVY | BCNR | CY2006 | 09034-06

    Original file (09034-06.rtf) Auto-classification: Denied

    9034-06 28 February 2007This 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 27 February 2007. 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...

  • NAVY | BCNR | CY2006 | 08756-06

    Original file (08756-06.rtf) Auto-classification: Denied

    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...

  • NAVY | BCNR | CY2006 | 09201-06

    Original file (09201-06.rtf) Auto-classification: Denied

    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. 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. Consequently, when applying for a correction of an official naval record, the burden is on the...

  • NAVY | BCNR | CY2006 | 05888-06

    Original file (05888-06.rtf) Auto-classification: Denied

    5888-06 4 January 2007This 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. 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...

  • NAVY | BCNR | CY2007 | 08624-07

    Original file (08624-07.rtf) Auto-classification: Denied

    8624-0711 December 2007 DearThis 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 10 December 2007. In addition, the Board considered the advisory opinion furnished by NPC Memo dtd 7 Nov 07, a copy of which is attached.After careful and conscientious consideration of the entire record, the Board found...

  • NAVY | BCNR | CY2006 | 06211-06

    Original file (06211-06.rtf) Auto-classification: Denied

    6211-06 31 October 2006This 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 31 October 2006. 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. spouse has been...

  • NAVY | BCNR | CY2006 | 10646-06

    Original file (10646-06.rtf) Auto-classification: Denied

    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. 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. Public Law 105-85 enacted on 18 November 1997, authorized SBP participants to voluntarily discontinue SBP...