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NAVY | BCNR | CY2007 | 08279-07
Original file (08279-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 100



 DJC
 Docket No. 8279-07
11 December 2007
         Dear

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 10 December 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 7 Nov 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 Di rector



Enclosure





7 Nov 07

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Via: Assistant for BCNR Matters (PERS-31C)
Subj:    COMMENTS AND RECOMMENDATIONS ICO
DOCKET NO. 08279-07
Ref: (a) BCNR memo of 4 Oct 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 14 March 1969. He was married and elected child only coverage, with the withdrawal option under the Retired Serviceman’s Family Protection Plan (RSFPP)
b.       Public Law 92-425 of 21 September 1972 established the Survivor Benefit Plan (SEP) 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. Members were also permitted to retain RSFPP and elect coverage in the SBP. He did not enroll his spouse in the SBP during the initial open enrollment period.
         c.                                 
divorced on 7 September 1999.
         
         d        were married on 6 December 1999. It appears that he requested information from the DFAS-CL regarding enrollment of his current spouse in the SBP, though it is unclear if a response was provided.

e.       Had the DFAS-CL responded they would have informed that he could not enroll in the SBP at that time
 since his spouse was not an eligible beneficiary (i.e. not married to him for one year) . He could have enrolled his spouse in the SBP during the 1 October 2005 30 September 2006 open enrollment period however, he failed to do so.

3.       received a Retiree Account Statement (RAS) 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. Additionally, “Shift Colors” (the Navy’s quarterly retiree newsletter) was provided to him ~-“~ contain information regarding the aforementioned SEP open enrollment period.



Deputy Director
Casualty Assistance Division
(N1352B)

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