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NAVY | BCNR | CY2007 | 01868-07
Original file (01868-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 DJC
 Docket No. 1868-07
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, considered your application on allegations of error and t h e justice were * 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 2 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.




                                            


Enclosure
 2 Apr 07









MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Via:     Assistant for BCNR Matters (PERS-31C)
Subj:    COMMENTS AND RECOMMENDATIONS

Ref: (a) BCNR memo of 7 Mar 07

(1) RCSBP Election dtcl 1 Mar 99
 (2) DD Form 2656-2, Survivor Benefit Plan (SBP)
 Termination Request
1.       Per reference (a), recommend BCNR not correct record to reflect that she declined
 paipation ‘he Reserve Component Survivor Benefit Plan   

2.       The recommendation is based on the following:
transferred to the Retired List, without pay, on 1 March 1999. Enclosure (1) reflects her election of Option C RCSBP coverage under the spouse and child category utilizing her full gross retired pay as her base amount. She became eligible for retired pay on 6 November 2006.
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 March 2009 with her spouse’s written concurrence utilizing enclosure (2). spouse has been protected under the RCSBP since her she retired without pay on 1 March 1 and had she died during that period her spouse wou ld ha ve receiv e d an RCSBP annuity.

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