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NAVY | BCNR | CY2007 | 00888-07
Original file (00888-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 DJC
 Docket No. 888-07
2 May 2007





This is in reference to your application for correction of your naval record pursuant to the provisions of 10 U SC 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 11 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,











Enclosure
 11 Apr 07

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Via:     Assistant for BCNR Matters (PERS-31C)
Subj:    CC
Ref:     (a) BCNR memo of 7 Mar 07
 (b) DoD Financial Management Regulation (Vol 7B)
End:     (1)
1.       Per reference (a), recommend BCNR record to reflect that he enrolled his ~ Survivor Benefit Plan (SBP).

2.       The recommendation is based on the following:

 a.       transferred to the Fleet Reserve on 30 September 199 . He elected a reduced base amount in the spouse only category. He had no minor children.
         
         b.       were divorced
 on 4 April 1997. He provided the enclosure to the Defense Finance and Accounting Office-Cleveland Center (DFAS-CL) requesting that his SBP coverage suspended.

 c.       a cquired a minor son on 17 November 2002.
d .       Reference (b) states in part, that a member who had no eligible child and elected spouse only coverage, may within one year of acquisition of the child, include the child with coverage previously elected for the spouse. The DFAS-CL had no documentary evidence that minor son in the SBP.   mpted to enroll his
e.        have enrolled his minor son in the SBP during the 1 October 2005 to 30 September 2006 open season enrollment period.

         f.                received a Retiree Account Statement (RAS) each time h er was a change in his retired pay, and at least one annually which indicated that his minor son was not covered under’ the SBP. Additionally, “Shift Colors” (the Navy quarterly -, retiree newsletter) was provided to him and information about the recent SBP open





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