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NAVY | BCNR | CY2006 | 09531-06
Original file (09531-06.rtf) Auto-classification: Denied
                  DEPARTMEI4T OF THE NAVY
                  BOARD FOR CORRECTION OF NAVM. RECORDS
                  2 NAVY ANNEX
                  WASHINGTON DC 20370-51 00

DJC
 Docket No. 9531-06
14 February 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 13 February 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 dtd 12 Jan 07, 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,

W.       DEAN PFIEFFER
Executive Director

Enclosure





12 Jan 07
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Via:     Assistant for BCNR Matters (PERS-31C)
Subj:    COMMENT
Ref:     (a) BCNR memo of 28 Nov 06
End:     (1)      NRPC 1772/3 dtd 3 May 94
 (2)      DD Form 2656-2, Survivor Benefit Plan (SBP) Termination Request
reference (a), recommend BCNR not correct record to reflect that he did not enroll in the Reserve component Survivor Benefit Plan (RCSBP).
2.       The recommendation is based on the following:
a.       transferred to the Retired List, without pay, on 1 July 1994. Per enclosure (1), he elected Option C, immediate RCSBP coverage. He became eligible for retired pay on 20 July 2006.
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.
 can terminate his participation in the SBP during the one-year period commencing 1 August 2008 with his spouse’s written concurrence utilizing enclosure (2).

 3. Though we make every effort to provide favorable recommendations for the member and his family, we also have a responsibility as stewards of the public only option at this time is the pa rticipation during the atonement






(N1352B)

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