DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 10186-07
19 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 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 on 6 March 1973 he was
qualified for retired pay at age 60. There is a letter in
file from your father asking whether the transfer to the Retired
Reserve would have any impact on his retired pay at age 60. The
Navy responded stating that there would be no impact. An
individual 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 13 June 1974 and died
on 12 July 2005 at age 91. The documentation you submitted shows
that he was not found to be incompetent until 6 August 1996.
Therefore, he had over 24 years in which he could have requested
his retired pay but he did not do so. Further, there was almost
another nine years before your father's death in which retired
pay could have been requested. There is no indication that he
ever made a Reserve Component Survivor Benefits Plan election.
In the absence of evidence to the contrary, the Board concluded
that for whatever reason he made a knowing and competent decision
for many years 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 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,
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