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NAVY | BCNR | CY2007 | 08624-07
Original file (08624-07.rtf) Auto-classification: Denied
         DEPARTMENT OF THE NAVY
         BOARD FOR CORRECTION OF NAVAL RECORDS
         2 NAVY ANNEX
         WASHINGTON DC 20370-5100


DJC
 Docket No. 8624-07
 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 Director


 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

Ref:     (a) BCNR memo of 26 Sep 07
End:     (1) DD Form 2656-2 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 2005. He was automatically enrolled with maximum spouse category coverage as a result of the Defense Finance and Accounting Service-Cleveland Center (DFAS-CL) not receiving a valid SBP election.

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 aforementioned one-year period, with his spouse’s written concurrence utilizing enclosure (1)
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. Though we make every effort to provide favorable recommendations for the Bup ber and his family, we also have a responsibility as stewards of the public trust. It should be noted that his spouse has been covered under this program since his date of retirement and he should not receive both the benefit of SBP protection and a refund of previously deducted premiums.
Had contacted this Headquarters during the one year period immediately following his transfer to the Fleet Reserve; we would have provided him assistance with his SBP election via the administrative error correction process.



Deputy Director
Casualty Assistance Division
(N1352B)






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