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NAVY | BCNR | CY2007 | 08847-07
Original file (08847-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 DJC
 Docket No. 8847-07
11 December 2007
        

This is in reference to your application for correction of your deceased former 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 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 15 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. The Board gave due consideration to the provisions of your divorce decree. However, the Board also took notice of the regulations governing SBP that require action within one year from the date of divorce in order to elect or deem former spouse coverage. The Defense Finance and Accounting Service (DFAS) has no record of receiving your letter dated 16 February 1990 or any other request to elect or deem former spouse coverage within one year of your divorce. Accordingly, per the regulations governing SBP, coverage was suspended. Additionally, no SBP premiums were paid after coverage was suspended in 1990. The internal memorandum from DFAS code 6343 to code 6312 initiating the suspension is attached for your review. The Board substantially concurred with the recommendation contained in the advisory Opinion that because no action was taken within one year of the divorce to elect or deem former spouse coverage and because coverage was suspended in 1990 and no premiums were paid, no relief should be granted. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.











Docket No. 8847-07
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































2
        
         15       Nov      07


MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS (BCNR)

 Via:     Assistant for BCNR Matters (PERS-31c)
Sub j :    COMMENTS AND RECOMMENDATIONS ICO
        
        
Ref:     (a) BCNR memo of 18 Oct 07
 (b)      DoD Financial Management Regulation (Volume 7B)
End:     (1) Navy Finance Center memo of 3 Apr 90
1.       Per reference (a) , recommend the BCNR not correct
         record to reflect that he elected Survivor Benefit Plan (SBP) coverage within one year of his date of divorce.

2.       The recommendation is based on the following:
a transferred to the Fleet Reserve on 30 September 1983. He elected maximum spouse only SBP coverage at that time.
b. were divorced on 22 February 1989. Their divorce decree contained a requirement that former spouse SBP coverage be established. His SBP spouse category premiums were suspended effective 7 March 1989.

c.       Per reference (b), if a member was required to elect former spouse coverage by a court order, incident to a proceeding of divorce, dissolution, or annulment, the member may elect to change to former spouse category coverage within one year from the date of divorce. The member must notify the Defense Finance and Accounting Service-Cleveland Center (DFAS-CL), in writing, of their desire to change to former spouse and provide the necessary documentation (i.e. divorce decree) . The former spouse, or their attorney acting on their behalf, may also “deem” an election of former spouse coverage, during the same one year period. alleges that she provided a letter to Navy Finance Center dated 16 February 1990 requesting the spouse SBP coverage be changed to former spouse coverage. The DFAS-CL had no record of the aforementioned letter from which was processed on 3 April 1990 DOC KET NO. 08847-07
3. one year requirement spouse SBP coverage. request mentioned in actually received by
may not have been aware of the to request the change from spouse to former Additionally, it is unclear when the the document received from DFAS-CL was that organization.



Deputy Director
Casualty Assistance Division
(N1352B)

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