DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 9699-07
18 November 2008
This is in reference to your application for correction of your
late father's naval record pursuant to the provisions of title 10
of the United States Code section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 13 November 2008. 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 late father's naval record and applicable statutes,
regulations and policies.
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.
It is clear from the record, that when your late father
transferred to the Retired Reserve in 1986 he was qualified for
retired pay at age 60 and he had to have been aware of this
entitlement. Individuals in the Retired Reserve with eligibility
for pay at age 60 must request transfer to the Retired List in
order to receive retired pay. Your father became age 60 on 21
April 2002 and died on 28 June 2007. Therefore, he had over five
years in which he could have requested his retired pay but did
not do so. Additionally, the Navy Personnel Command has
confirmed that he never made a Reserve Component Survivor Benefit
Plan election.
In the absence of evidence to the contrary, the Board concluded
that for whatever reason he made a knowing and competent decision
not to receive his retired pay. Since his entitlement to pay
ended with his death there is now no basis for any payment of his
retired pay.
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 itls decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it lis important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when japplying for a correction of an official naval
record, the burden jis on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
DQ
W. DEAN PFRI
Executive Dire®tor
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