DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 03595-08
14 July 2008
Dear Matin:
This is in reference to your application for correction of your
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 14 July
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 husband’s 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 17 Jun 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 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, (a
1
- DEAN PFHYXF
Executive e xr
Enclosure
17 Jun 08
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: Assistant for BCNR Matters (PERS-31C)
Subj: COMMENTS AND RECOMMENDATION — een
, DOCKET NO. 03595-08
Ref: (a) BCNR memo of 1 May 08
(b) FYO5 National Defense Authorization Act (NDAA)
1. In response to reference (a), recommend BCNR not correct
uiPiiiimnge «ecord to reflect that he lived the required two
years necessary to qualify for Survivor Benefit Plan (SBP)
participation during the 2005-2006 open season enrollment period.
2. The recommendation is based on the following:
a. (ime transferred to the Fleet Reserve on
30 June 1980 and he declined SBP.
b. During the 1 October 2005 to 30 September 2006 open
season he enrolled his spouse with an effective date of
1 March 2006. Since this was his initial SBP election, he had to
live for two years after electing coverage, unfortunately <@ggggiievs
MMMM iced 30 May 2007.
Me i not meet the survivability requirements
established by reference (b), therefore his widow is not entitled
to an SBP annuity.
; BEHLKE
Deputy Director
Casualty Assistance Division
(N135C)
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