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NAVY | BCNR | CY2006 | 10646-06
Original file (10646-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


                                                                                                    DJC
          Docket No. 10646-06
         2 May 2007




This is in r e ference to your appli cant for correction of your naval record pursu ant t to the provisions of 10 USC 1552.
A three-memb er panel of the Board for Correction of Naval Records, sitting in e xe cutive session, considered your application on 1 May2007. our allegations of error and injustice were reviewed in accordance wi t h administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board con s isted of your application, together with all material submitted in s upport thereof, your naval record and applicable statutes, reg u lations and policies. In addition, the Board considered the advisory pinion furnished by NPC Memo dtd 30 Mar 07, a copy of which is atta c hed.
After careful and conscientious consideration of the entire record, the Board fou n d that the evidence submitted was insufficient to establish the existence of probable material error or injustice. In this connecti o n, the Board substantially concurred with the comments contained in he advisory opinion. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upo n request.
It is regrett e d that the circumstances of your case are such that favorable act on cannot be taken. You are entitled to have the Board reconsider it decision upon submission of new and material evidence or other matt r 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


30 Mar 07


MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
 NAVAL RECORDS
Via:     Assistant for BCNR Matters (PERS—31C)
Subj:    COMMENTS USN(RET.
Ref:     (a) BCNR memo of 20 Feb 07
End:     (1) DD Form 2656-2, Survivor Benefit Plan (SBP) Termination Request
1. Per reference (a), recommend BCNR not correct record to reflect that he declined participation in the Survivor B en efit Plan (SBP).
2. The recommendation is based on the following:

          a. transferred to the Temporary Disability Retired List on 4 January 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 which commenced 1 March 2007 with his spouse’s written concurrence utilizing the enclosure.
3. Information regarding the SBP has been available to P02 from “Shift Colors”, the quarterly newsletter provided to all Navy retirees who maintain current correspondence address information with the DFAS-CL. 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.      spouse has been covered under this program since his date of retirement and he should not receive both the benefit of c ould previously deducted premiums













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