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NAVY | BCNR | CY2007 | 09016-07
Original file (09016-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 DJC
 Docket No. 9016-07
11 December 2007




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 HQMC Memo 1741 MMSR-6 dtd 21 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,



Executive Dir c o
 Enclosure









1741
MMSR-6
21 Nov 07
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    BCNR APPLICATION IN THE CASE OF

Ref: (a) MMER Route Sheet, Docket No. 9016-07 of 7 Nov 07
(b)      Title 10, U.S. Code, Section 1447-1455
1.       Reference (a) requests an advisory opinion on petition to terminate Survivor Benefit Plan (SBP) coverage. The SBP election form was not completed correctly prior to his retirement date of 1 July 2006, therefore, an auto election occurred.
2.       Per reference (b) , administrative corrections for SEP enrollment may only be made within the first year following the receipt of retired pay. has not met this requirement to terminate SBP coverage, but will have the opportunity to discontinue participation in the SBP between the 25th and 36th month following the receipt of retired pay.
3.       This Headquarters recommends that petition not be granted favorable consideration.

4.       Point of contact is First Lieutenant, MMSR-6, (703) 784-9311.

Head, Separation and Retirement Branch by direction of the Commandant of the Marine Corps

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