DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DUC
Docket No. 11926-08
29 September 2009
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
28 September 2009. 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 NPC Memo dtd 24 Mar 09, 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 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,
\p Rewr
Executive D
Enclosure
24 Mar 09
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: Assistant for BCNR Matters (PERS-31C)
Sub} ENDATIONS 1CO*=—iesieiaiN
Ref: {a} BCNR memo of 26 Feb 09
Encl: (1) DD Form 2656-2, Survivor Benefit Plan (SBP)
Termination Request
1. Per reference (a), recommend BCNR not correct
mii ecord to reflect that he declined participation
in ‘the Survivor: Benefit Plan (SBP).
2. The recommendation is based on the following:
WI transferred to the Fleet Reserve on
30 September 2006. 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
gener fron "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. \eieIOE spouse has been protected since
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Subj:
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COMMENTS AND RECOMM isan
ares MF DOCKET NO. 11926-08
his date of retirement under the SBP and had he died during that
period, his spouse would have received an SBP annuity.
BASIL COLEMAN
Deputy Director
Casualty Assistance Division
(N135C)
Acting
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