DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 06471-08
25 August 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 25 August
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 6 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,
W. DEANYP E
Executive Ditéctor
Enclosure
6 Aug 08
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: Assistant for BCNR Matters (PERS-31C)
Subj: COMMENTS AND RECOMMENDATIONS ICO i
06471-08
Ref: (a) BCNR memo of 10 Jul 08
1. Per reference (a), recommend BCNR not correct
Salles tt pe record to reflect that he declined
participation in the Survivor Benefit Plan (SBP).
2. The recommendation is based on the following:
2. Ciiniimnempym ies ccansterred to the Fleet
Reserve on 30 September 2003. He was automatically enrolled in
the SBP as a résult of the Defense Finance and Accounting
Service-Cleveland Center (DFAS-CL) not receiving a valid
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 retired pay. a
could have terminated his SBP participation but failed to do so
in a timely manner.
3. Information regarding the SBP has been available to
maine Vi Shift Colors", the Navy's retiree
newsletter. This newsletter is provided to all Navy retirees who
maintain current their correspondence address information current
at the DFAS-CL. We make every effort to provide favorable
recommendations for Sailors and their families; however we also
retain a responsibility as stewards of the public trust. The
“ DFAS-CL provides retirees a Retiree Account Statement each time
there is a change to their retired pay, and at least one
annually. This statement identifies them as SBP participants and
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