DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 10626-07
11 August 2008
Dear Qs,
This is in reference to your application for correction of your
deceased husband’s 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 11 August
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 deceased husband’s naval record and
applicable statutes, regulations and policies. In addition, the Board
considered the advisory opinion furnished by HQMC memo 1741 MMSR-6K of
13 May O08.
In 1994, your deceased husband requested that the Defense Finance and
Accounting Service (DFAS) office change his spouse beneficiary from
wut bis former spouse, to you, MM his current spouse. He
included a copy of his divorce decree showing that he divorced 4m,
in 1973, and his current marriage certificate to you, his current -
spouse, in 1983. Because he was not married at the time of his
retirement in 1975, automatic spouse coverage should not have been
established on his account. In addition, because he did not elect
coverage for you within one year of your marriage, he could not elect
coverage for you unless such an election was made during an open
enrollment period authorized by Congress.
Additionally, in May 1994, @2P-——MAMEMMEe was notified that his
SBP spouse coverage was being terminated and he was issued a payment
in the gross amount of $4619.89 representing a refund of his SBP
spouse premiums. He was informed that he could petition the Board,
however, he never took any action.
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.
Accordingly, your application has been denied. The names and votes of
the members of the panel will be furnished upon request.
Docket No. 10626-07
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 also 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 PFE
Executive Di
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