DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DUC
Docket No. 666-09
14 July 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
13 July 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 13 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,
ft
W. DEAN PPELFBRE
Bxecutive Dirert
Enclosure
13 Mar 09
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
WAVAL RECORDS
Via: Assistant for BCNR Matters (PERS-31C)
Subj:
COMMENTS AND RECOMMENDATIONS [CO ‘iliiGiiiianscnatteeiiaiaiAierores
iia aeaane ak Mt. DOCKET NO. 00666-09
Ref: (a) BCNR memo of 19 Feb 09
ee (a), recommend BCNR not correct
ih ime record to reflect that he declined
participation in the Survivor Benefit Plan (SBP).
2. The recommendation is based on the following:
eee M@cransferred to the Fleet Reserve
on 31 January 2005. He was s automatically enrolled in the SBP as
a result 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 iii could have terminated his participation in
the SBP, ‘with his spouse's written concurrence, during the
aforementioned one-year period however he did not do so.
3. information regarding the SBP has been available to
RUE fon Shift Colors", the Navy's quarterly
retiree newsletter which is 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. SRR
pie spouse has been protected since his date oe retirement
under the SBP and had he died during that period, his spouse
would have received an SBP annuity. tt
. we a
BASIL COLEMAN e , “Tt?
Deputy Director
Casualty Assistance Branch, ,:"
(N135C) .
Acting —
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