DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 05886-08
2 September 2008
This is in reference to your application for correction of your
deceased husband’s naval record pursuant to the provisions of 10 USC
LOZ .
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
2 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 deceased 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 15 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, -
\ Naa
W. DEAN PFEI
Executive Dir
Enclosure
15 Aug 08
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: Assistant for BCNR Matters (PERS-31C)
ENTS AND RECOMMENDATIONS ICO
Subj: COMME STI,
DOCKET NO. 05886-0
Ref: (a) BCNR memo of 2 Jul 08 . ’
1. Per reference (a), recommend BCNR not correct
record to reflect that he enrolled his spouse
in the Survivor Benefit Plan (SBP).
2. The recommendation is based on the following:
a. Qn wes transferred to the Retired List on
1 December 1989. He was married and declined SBP coverage at
that time. ra, spouse acknowledges declination
of SBP and provided a copy of the NAVCOMPT Form 2272 with her
application. He died on 12 January 2007.
b. 2PM bad an opportunity to enroll his spouse
1 March 1999
in the SBP during the 1 April 1992 to 31 March 1993,
to 29 February 2000 and the 1 October 2005 to 30 September 2006
open season periods and failed to do so. Information about the
open season periods were widely publicized in the Navy's
quarterly retiree newsletter "Shift Colors"(the Navy's quarterly
retiree newsletter). 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. eee a Retiree Account Statement (RAS)
each time there was a change in his retired pay, and at least
once annually, that clearly identified him as a non-participant
in the SBP. Additionally, "Shift Colors" was provided to him and
contained information regarding the aforementioned SBP open
enroliment periods.
; - z i Ve
A ee
BASIL COLEMAN
Deputy Director |.
Casualty Assistance Section
(N135C)
Acting
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