DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 04629-08
14 July 2008
Dear
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 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 naval record and applicable
statutes, regulations and policies. The Board considered the advisory
opinion furnished by the Deputy Director Casualty Assistance Division
(N135C) of 16 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,
Executive Di
Enclosure
16 Jun 08
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: Assistant for BCNR Matters (PERS-31C)
Subj: COMMENTS AND RECOMMENDATIONS [CCPC eae,
DOCKET NO. 04629-08
aga
Ref: (a) BCNR memo of 22 May 08
Encl: (1) DD Form 2656-2, Survivor Benefit Plan (SBP)
Termination Request
1. Per reference (a), recommend BCNR not correct
mam cecord to reflect that he declined
i i (SBP).
participation in the Survivor Benefit Plan
2. The recommendation is based on the following:
“niente 2 2nsferred to the Fleet Reserve on
28 February 2007. He was automatically enrolled in the SBP as a
result of the Defense Finance and Accounting Service-Cleveland
Center (DFAS-CL) not receiving a valid SBP election.
b. Public Law 105-85 enacted on 18 November 1997, authorized
SBP participants to voluntarily discontinue SBP participation
during the one-year period beginning on the second anniversary of
the date of commencement of receiving retired pay. He can
terminate his participation in the SBP during that one-year
period with his spouse’s written concurrence utilizing the
enclosure.
3. Information regarding the SBP has been available to
from "Shift Colors", the quarterly newsletter
provided to all ‘Navy retirees who maintain current correspondence
address information with the 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
public trust. tier. spouse has been protected
Subj: COMMENTS AND RECOMMENDATIONS ICO
Mm DOCKET NO. 04629-08
since his date of retirement under the SBP and had he died during
that period, his spouse would have received an SBP annuity.
LEE . BEHLKE
Deputy Director
Casualty Assistance Division
(N135C)
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