Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 10678-06
Original file (10678-06.rtf) Auto-classification: Denied
                           DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 DJC
 Docket No. 10678-06
2 May 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 1 May 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 13 Apr 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 PFEIFFER
Executive Di rector

Enclosure


13 Apr 07
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Via:     Assistant for BCNR Matters (PERS-31C)
Subj:
Ref:     (a) BCNR memo of 19 Mar 07
End:     (1) DD Form 2656-2, Survivor Benefit Plan (SBP) Termination Request
1.       Per reference (a), record to reflect that Benefit Plan (SBP).

2.       The recommendation is based on the following:
         a.       transferred to the Fleet Reserve on
 31 March 2006. 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 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. She can terminate her participation in the SBP during the one-year period commencing 1 June 2008 with her spouse’s written concurrence utilizing the enclosure.
3.       Information regarding the SBP has been available to the quarterly newsletter provided
 to all Navy retirees who maintain current correspondence address information with the DFAS-CL. Though we make every effort to provide favorable recommendations for the member and her family, we also have a responsibility as stewards of the public trust. spouse has been protected since her date of retirement under the SBP and had she died during that period, her spouse would have received an SBP annuity.

4.       Additionally,    3icated on her application that she became aware on 1 May 2006 and did not explain why it took an additional six months to request assistance from the BCNR. Had she contacted this Headquarters immediately after discovering the error we would have offered her assistance via the administrative error correction process. It should also be noted that if the BCNR provides relief in this case, the P01 Bell would have received the benefit of bot ma mum co rage and a refund of previously deducted month





































2

Similar Decisions

  • NAVY | BCNR | CY2007 | 03136-07

    Original file (03136-07.rtf) Auto-classification: Denied

    3136-07 27 June 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 26 June 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 | 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 | 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 | 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 | 07937-06

    Original file (07937-06.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 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...

  • 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 | CY2007 | 10520-07

    Original file (10520-07.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 NPC Memo dtd 7 Jan 08, 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...

  • NAVY | BCNR | CY2007 | 11253-07

    Original file (11253-07.rtf) Auto-classification: Denied

    11253-07 11 March 2008 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 March 2008. In addition, the Board considered the advisory opinion furnished by NPC Memo dtd 23 Jan 08, a copy of which is attached.After careful and conscientious consideration of the entire record, the Board found...

  • NAVY | BCNR | CY2006 | 02719-06

    Original file (02719-06.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 NPC memorandum of 24 Apr 06, a copy of which is attached. 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...