DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 02945-08
22 September 2008
Dea rape,
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 22
september 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 the Deputy Director
Casualty Assistance Division (N135C) of 26 Aug 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.
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 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,
Enclosure
26 Aug 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. 02945-08
Ref: (a) BCNR memo of 7 Aug 08
1. In response to reference (a), recommend the BCNR not correct
[ehh record to reflect that he enrolled his
spouse in the Survivor Benefit Plan (SBP) within one year of
their anniversary.
2. The recommendation is based on the following:
a. Qaim ccansferred to the Retired Reserve
List with pay on 15 September 2002. He was not married and
declined participation in SBP at that time.
b. “SOEs 3.3 CE 2x ©
married on 10 December 2005.
ec. Title 10, U.S. Code, Section 1448(a) (5), states in part,
a person who is not married when he becomes eligible to
participate in the Plan but who later marries or acquires a
dependent child may elect to participate in the Plan, but his
election must be written, signed by him, and received by the
Secretary concerned within one year after he marries or acquires
that dependent child.
3. iii, could have enrolled his spouse in the
SBP during the 1 October 2005 to 30 September 2006 open
enrollment period. Information regarding the SBP has been
available to S27-/-wiwpiege from "Shift Colors", the
quarterly newsletter provided to all Navy retirees who maintain
current correspondence address information with the Defense
Finance and Accounting Service-Cleveland Center (DFAS-CL).
Though we make every effort to provide favorable recommendations
for the member and his family, we also have a responsibility as
stewards of the
Subj: COMMENTS AND RECOMMENDATIONS ICO SiQQ=NRSIGNIRiyene
y DOCKET NO. 02945-08
public trust. Had QAM contacted this
Headquarters or DFAS-CL regarding SBP coverage for his spouse we
would have assisted him with his SBP election.
4p {’
af, oe
BASTL COLEMAN
Deputy Director
Casualty Assistance Section
(N135C)
Acting
NAVY | BCNR | CY2008 | 05886-08
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 | CY2008 | 06471-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 August 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. This statement identifies them as SBP participants and Subj: COMMENTS AND RECOMMENDATIONS CO *
NAVY | BCNR | CY2008 | 04629-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 July 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. Sincerely, Executive Di Enclosure 16 Jun 08 MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Via: Assistant for BCNR Matters...
NAVY | BCNR | CY2007 | 09865-07
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 | CY2008 | 05742-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 August 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...
NAVY | BCNR | CY2008 | 07696-08
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...
NAVY | BCNR | CY2007 | 11294-07
11294-07 11 March 2008This 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 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. In...
NAVY | BCNR | CY2007 | 11253-07
11253-07 11 March 2008 DearThis 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 2008. In addition, the Board considered the advisory opinion furnished by NPC Memo dtd 23 Jan 08, a copy of which is attached.After careful and conscientious consideration of the entire record, the Board found...
NAVY | BCNR | CY2007 | 10520-07
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 7 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...
NAVY | BCNR | CY2007 | 08573-07
8573-07 29 January 2008DearThis 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 28 January 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. ...