DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 01855-09
23 July 2009
This is in reference to your application for correction to your
deceased spouse’s 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
20 July 2009. Your allegations of error and injustice were reviewed n
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 Branch (N135C) of 30 Jun 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.
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,
Enclosure
30 Jun 09
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS (BCNR)
Via: Assistant for BCNR Matters (PERS-31C)
RNDATION ICO 4
Subj: COMMENTS AND RECOMM
DOCKET NO. 01855-09
Ref: (a) BCNR memo of 4 Jun 09
(b) DoD Financial Management Regulation (Volume 7B)
1. Per reference (a), recommend the BCNR not correct
Rc ecord to reflect that he resumed participation
in the Survivor Benefit Plan (SBP) spouse category effective
30 August 2007.
2. The recommendation is based on the following:
a We transferred co the Fleet Reserve on
16 January 1974, He enrolled in the SBP spouse and child
coverage category at that time.
spouse died on 1 November 1999.
a On ere ee ee ee -_ _ } were
married on 30 August 2006. He died on 9 February 2007.
d. Per reference (b), a member who is participating with
spouse or spouse and child coverage and who does not have an
eligible spouse beneficiary may, within one year of that
remarriage, resume coverage, increase the level of coverage up
to and including full retired pay, or elect not to resume spouse
coverage effective on the first anniversary.
Subj: COMMENTS AND RECOMMENDATION 1.CO silt
“DOCKET NO. 01855-09
3, In view of the above, {Ament 3s mot eligible for an SBP
annuity due to the fact that the member did not meet the
one-year survival requirement which would have entitied his
spouse to receive an SBP annuity.
fb
BASIL COLEMAN
Deputy Director
‘Casualty Assistance Branch
(N135¢C)
Acting
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