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NAVY | BCNR | CY2007 | 09997-07
Original file (09997-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00



 DJC
 Docket No. 9997-07
11 March 2008

         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 March 20.08. 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 22 Jan 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



22 Jan 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. 09997-07
Ref:     (a) BCNR memo of 29 Nov 07
1.       Per reference (a), recommend BCNR not correct record to reflect that he enrolled his current spouse in the Survivor Benefit Plan (SBP)
2.       The recommendation is based on the following:
a.       transferred to the Fleet Reserve on 2 October 1967. He was married and did not enroll in the Retired Serviceman’s Family Protection Plan (RSFPP)
b.       Public Law 92-425 of 21 September 1972 established the Survivor Benefit Plan (SBP) and replaced the RSFPP. Retirees were mailed information packages explaining the new program and offering them an opportunity to enroll during the period 21 September 1972 through 20 September 1973. did not enroll his spouse during the initial open enrollment period. His application also did not contain any information to clarify when his marriage at the time of his retirement ended. That information would assist this Headquarters in determining if he had an eligible spouse when the SBP was established.
c.      and      were
 married on 19 February 2006.
d.       The information provided with application indicates that he was married during the most recent open season enrollment period from 1 October 2005 to 30 September 2006. Information regarding enrollment eligibility and costs as well as the enrollment form was included in the Winter 2005 edition of Shift Colors, the Navy’s quarterly retiree newsletter. He did not enroll his current spouse during the recent SBP open season.









Subj:    COMMENTS AND RECOMMENDATIONS ICO
DOCKET NO. 09997-07
3. received a Retiree Account Statement (RAS) each time there was a change in his retired pay, and at least one annually, that clearly identified that he was not participating in the SBP.


Deputy Director
Casualty Assistance Division
(N135C)
2

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