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NAVY | BCNR | CY2007 | 09865-07
Original file (09865-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 DJC
 Docket No. 9865-07
11 March 2008

Dear
This is in reference to your application for correction of your 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 March 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 naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion furnished by NPC Memo dtd 13 Feb 08, 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



13 Feb 08
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Via:     Assistant for BCNR Matters (PERS-31C)
Subj:    COMMENTS AND RECOMMENDATIONS ICO
          DOCKET NO. 09865-07
Ref:     (a) BCNR memo of 17 Jan 08
 (b)      Department of Defense Financial Management Regulation, (Volume 7B)
1.       Per reference (a), recommend BCNR not correct record to reflect that she did not enroll her spouse in the Survivor Benefit Plan (SBP) within one year of her date of marriage.

2.       The recommendation is based on the following:
a.       transferred to the Fleet Reserve on 31 August 2004. She was not married and enrolled in the SBP child category coverage at that time,
b.       were married on 1 September 2005.
c . requested to enroll her spouse in the SBP on 7 August 2006. The spouse and children coverage became effective on their one year anniversary.
d.       Reference (b) states in part that a member who has no eligible spouse and elected children only, he or she may, within one year after marriage or remarriage, include the spouse with coverage previously elected for the children.
3.       Information regarding the SBP has been available to from “Shift Colors”, the Navy’s quarterly retiree newsletter which is provided to all Navy retirees who mai n tain current correspondence address information with the Defense Finance and Accounting Service-Cleveland Center (DFAS-CL). It should be noted that spouse









Subj:    COMMENTS AND RECOMMENDATIONS ICO
, DOCKET NO. 09865-07
SBP election was voluntary election, and she could have sought additional SBP information from this Headquarters if she had questions about the program




                                                               Deputy Director
                                                                Casualty Assistance Division
                                                                (N135C)

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