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NAVY | BCNR | CY2008 | 00196-08
Original file (00196-08.rtf) Auto-classification: Denied
                           DEPARTMENT OF THE NAVY
                  BOARD FOR CORRECTION OF NAVAL RECORDS
                  2 NAVY ANNEX
                  WASHINGTON DC 20370-5100


DJC
Docket No. 196-08
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-me mber 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 HQMC Memo 1800 MMSR-5 dtd 6 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

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
                                            3280 RUSSELL ROAD
 QUANTICO, VA 22134-51 03       


I N REPLY REFER TO:
                                     1800
                                                                                                    MMSR-5
                                                                                                   6 Feb 08



MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    ADVISORY OPINION IN THE CASE OF

         Ref:    (a)      MMER Route Sheet of 22 Jan 08, Docket No. 0196-08
                  (b)      NAVMC 11221 dtd 15 Aug 99
                  (c)      Title 10, U.S. Code, Section 1448
1 Reference (a) requests an advisory opinion on
 petition to change his Reserve Component Survivor Benefit Pan (RCSBP) beneficiary.
                   2.       Per reference (b) . elected
 “Option C” and “Children Only” for the RCSBP. This election can
 remain in effect until his daughter reaches age 18 or 22 if she is a full time student.

3.       Per reference (c) had one year from the date he acquired or lost a dependent to provide supporting documentation to change his beneficiary.
4 remarried on 28 September 2003 and is not allowed to change his beneficiary at this time. If Congress authorizes a Survivor Benefit Plan (SBP) open enrollment, will be afforded the opportunity to change his beneficiary at that time.

5.       Based o n the above, this Headquarters recommends that
 petit ion not receive favorable consideration.

6. Point of contact is Corporal (703) 784-9306,



Head, Separation and
Retirement Branch
By direction of the Commandant
of the Marine Corps

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