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NAVY | BCNR | CY2007 | 03211-07
Original file (03211-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 DJC
 Docket No. 3211-07
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 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 23 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.
S in cerely,



W. DEAN PFEIFFER
 Executive Director




Enclosure

23 Nay 07

MEMORAND UM 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 4 May 07
1.       Per reference (a), recommend BCNR not correct record to reflect that he enrolled his current spouse in the Survivor Benefit Plan (SBP)
2.       The recommendation is based on the following:
a.       transferred to the Fleet Reserve on 12 March 1962. He was married at that time and did not enroll in the Retried Serviceman’s Family Protection Plan (RSFPP). Me died on 8 Narch 2003.

b.       Public Law 92-425 of 21 September 1972 established the Survivor Benefit Plan (SBP) which replaced the RSFPP. Retirees were mailed information packages explaining the new program and offering them an opportunity to enroll during the period 21 September 1972 through 20 September 1973. He did not enroll his spouse during the initial open enrollment period. Additionally, provided no information to clarify how or when first marriage ended.
c. 14 July 1987 and were married on

d.        could have enrolled his current spouse in the SEP April 1992 to 31 March 1993 or the 1 March 1999 to 29 February 2000 open enrollment periods.
3.                received a Retiree Account Statement (RAg) each time there was a change in his retired pay, and at least one annually , that clearly identified him as a non-participant in the SBP. A~ditiona1ly, “Shift Colors” (the Navy’s quarterly retiree newsletter ) was provided to him and contained information regarding ~ the aforementioned



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