Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 11294-07
Original file (11294-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 DJC
 Docket No. 11294-07
11 March 2008


T his 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 NP C Memo dtd 4 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


4 Feb 08


MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Via:     Assistant for BCNR Matters (PERS-3lC)
Subj:    COMMENTS AND RECOMMENDATION ICO DOCKET NO. 11294-07
Ref:     (a) BCNR memo of 3 Jan 08
End:     (1) DD Form 2656 of 16 Jan 04
1.       In response to reference (a), recommend BCNR not correct record to reflect that he elected spouse category
 Survivor Benefit Plan (SBP) coverage when he retired.
2.       The recommendation is based on the following:
a.       was transferred to the Retired List on 29 February 2004. He was married and declined SBP coverage at that time. The Defense Finance and Accounting Service-Cleveland Center (DFAS-CL) provided the enclosure documenting his SBP election.
b.       had an opportunity after he retired to enroll his spouse in the SBP during 1 October 2005 to 30 September 2006 open season and failed to do so. Information about the open season period was widely publicized in the Navy’s quarterly retiree newsletter Shift Colors. This newsletter is provided to all Navy retirees who maintain their correspondence address information up to date with the Defense Finance and Accounting Service—Cleveland Center (DFAS—CL).
3.       Had contacted this Headquarters during the year immediately following his retirement; we would have provided him assistance with his SBP election via the administrative error correction process. Since did not enroll his spouse in the SBP she is not entitled to SBP coverage.


~...



Deputy Director
Casualty Assistance Division
(N135C)

Similar Decisions

  • NAVY | BCNR | CY2007 | 08304-07

    Original file (08304-07.rtf) Auto-classification: Denied

    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 Nov 07, 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...

  • NAVY | BCNR | CY2008 | 05886-08

    Original file (05886-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 September 2008. 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. Per reference (a), recommend BCNR not correct record to reflect that he enrolled his spouse in the Survivor Benefit Plan (SBP).

  • NAVY | BCNR | CY2007 | 00888-07

    Original file (00888-07.rtf) Auto-classification: Denied

    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 11 Apr 07, 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...

  • NAVY | BCNR | CY2002 | 02423-02

    Original file (02423-02.pdf) Auto-classification: Denied

    ’s naval record A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2002. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your spouse and applicable statutes, regulations and policies. He did not elect to enroll his Petty Officer was offered "Shift Colors" (the retirees' quarterly newsletter) regularly 3. provides...

  • NAVY | BCNR | CY2001 | 08438-01

    Original file (08438-01.pdf) Auto-classification: Denied

    When you were divorced in November 1999 the court ordered you to furnish your former spouse with SBP coverage. In response to reference (a), recommend the BCNR not correct Petty Officer -record changed his election under the Survivor Benefit Plan (SBP) from spouse to former spouse coverage category within one year of his divorce. Additionally, a member who refuses coverage for an eligible spouse in favor of children only category is prohibited from electing spouse coverage at a later date...

  • NAVY | BCNR | CY1999 | 08749-98

    Original file (08749-98.pdf) Auto-classification: Denied

    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. 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. Title 10, U.S. Code, Section 1448(f) SBP participants with spouse coverage who become divorced and desire to maintain...

  • NAVY | BCNR | CY2006 | 02316-06

    Original file (02316-06.rtf) Auto-classification: Denied

    Enclosure DEPARTMENT OF THE NAVYNAVY PERSONNEL COMMAND5720 INTEGRITY DRIVE MILLINGTON TN 38055-000023 Aug 06 MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDSVia: Assistant for BCNR Matters (PERS-3lC) Per reference (a), recommend BCNR not correct record to reflect that he enrolled his current spouse in the Survivor Benefit Plan (SBP). XXXXXcould have enrolled his current spouse in the SBP during the 1 October 1981 to 30 September 1982 or 1 April 1992 to 31 March 1993...

  • NAVY | BCNR | CY2007 | 09865-07

    Original file (09865-07.rtf) Auto-classification: Denied

    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. 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. requested to enroll her spouse in the SBP on 7 August 2006.

  • NAVY | BCNR | CY2003 | 00500-03

    Original file (00500-03.pdf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your spouse's naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion furnished by NPC memorandum of 7 March 2003, a copy of which is attached. c. Information regarding the SBP open enrollment periods was widely publicized in "Shift Colors" (the Navy retirees' quarterly newsletter) which is...

  • NAVY | BCNR | CY2008 | 07696-08

    Original file (07696-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 September 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...