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Decision Text

NAVY | BCNR | CY2007 | 01326-07
Original file (01326-07.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. 1326-07
         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 . c onsid er your app1ication on 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 HQMC Memo 1760 MMSR-6C 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.






                                                               W. DEAN PFEIFFER

                                                               Executive Director




Enclosure










DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134.5103


IN REPLY REFER TO:
1760
MMSR- 6C
13 Apr 07

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OP NAVAL RECORDS

Subj

Ref: (a) MMER Route Sheet of 26 Mar 07, Docket Nn 1326-07

End:     (:


1.       The reference requests an advisory opinion of petition to cancel his Survivor Benefit Plan
spouse,  , as the SBP beneficiary.       tins _ ~         information was provided by the Marine Corps liaison to DFAS:
pi
ssed away on 11 December 19 ma rried his second 6 April 1999. At 1 time, i s receiving the SBP annuity due to the untimely death of her first husband. had the
premium within the first year of marriage to-have been no later than 6 April 2000. However, elected SBP at the reduced rate vice any cancellation. . Reduced SEP monthly premium is $39.60.

3. The enclosure is provided from DFAS and is considered legal precedence in cases such as Specifically, the cited law is Public Law 96-402, § 5(c). This Headquarters concurs with the precedence set by the enclosure. Therefore, no further action is warranted and it is recommended that Colonel petition not receive favorable consideration.

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