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Decision Text

NAVY | BCNR | CY2007 | 00943-07
Original file (00943-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
                                                      WASHINGTON DC 20370-51 00


                                                                                                   DJC
                                                                                                   Docket No.943-07
                                                                                                  27 June 2007


This is in reference to your application for correction of your
deceased husband’s 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. 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 an advisory opinion furnished by HQMC recommending that no relief be granted because your deceased husband had, with your concurrence, declined enrollment in the Survivor Benefit Plan.

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 recommendation contained in the advisory opinion. The record is clear that your husband had, with your concurrence, knowingly and voluntarily declined participation in the Survivor Benefit Plan. 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 Director       

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