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NAVY | BCNR | CY2007 | 03152-07
Original file (03152-07.rtf) Auto-classification: Denied
         DEPARTMENT OF THE NAVY
          BOARD FOR CORRECTION OF NAVAL RECORDS
                   2NAVYANNEX
                  WASHINGTON DC 20370-5100

DJC
Docket No. 3152-07
          27       June     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 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 the advisory opinion furnished by NPC Memo dtd 21 May 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 Director



Enclosure


21 May 07

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

         Ref: (a) BCNR memo of 16 Apr 07
Enc (1
(2)      Form DD 265 - 6-2, Survivor Benefit Plan (SBP) Termination Request
1.       Per reference (a), recommend BCNR not correct record to reflect that he declined participation in the Survivor Benefit Plan (SBP).
2.       The recommendation is based on the following:
a.       transferred to the Fleet Reserve on
31 December 2004. Enclosure (1) shows that he enrolled in the spouse and children category under the SBP utilizing his full gross retired pay as his base amount.
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. He can terminate his participation in the SBP during the one-year period which commenced 1 March 2007 with his spouse’s written concurrence utilizing enclosure (2)
3.       Information regarding the SBP has been available to from “Shift Colors”, the quarterly newsletter provided to all Navy retirees who maintain current correspondence address information with the DFAS-CL. We make every effort to provide favorable recommendations for the member and their family; however, we also have a responsibility as stewards of the public trust. spouse has been covered under this
 program since his date of retirement and he both the benefit of coverage as deducted premiums.


Casualty Assistance Division
(N1352B)

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