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NAVY | BCNR | CY2006 | 10047-06
Original file (10047-06.rtf) Auto-classification: Denied
                           DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 D JC
 Docket No. 10047-06
 31 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 30 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 dtd 4 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,


ROBERT D. Z SALMAN
 Acting Executive Director
Enclosure













4 Jan 07


MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Via:     Assistant for BCNR Matters (PERS-31C)
Subj:    COMMENTS AND RECOMMENDATIONS

Ref:     (a) BCNR memo of 28 Nov 06
          (b) DoD Financial Management Regulation (Vol 7B)
1.       Per reference (a), recommend BCNR not correct record to reflect that he enrolled his minor child in the Survivor Benefit Plan (SBP).

2.       The recommendation is based on the following:

 a.       transferred to the Retired List, with pay, on 9 June 2000. He was married and elected spouse only coverage in the SEP at that time.
b.       Reference (b) states in part, that a member who had no eligible children and elected spouse only, he or she may, within one year of acquisition of the children, include the children with coverage previously elected for the spouse.
c.       could have enrolled his minor child in the SEP during the 1 October 2005 to 30 September 2006 open season enrollment period.
3.       received a Retiree Account Statement (RAS) each time there was a change in his retired pay, and at least one annually which showed that his minor daughter was not covered under the SEP. Additionally, “Shift Colors” (the Navy quarterly retiree newsletter) was provided t o him and
consummation about the recent SEP open








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