DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DUC
Docket No. 2827-09
14 July 2009
Dea eee
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 3 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. 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,
Lo dens
W. DEAN PFE i
Executive Dir oO
Enclosure
3 dun 09
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: Assistant for BCNR Matters (PERS-31C)
BiG DOCKET NO. 02827-09
Ref; (a) BCNR memo of 12 May 03 .
Enel: (1) DD Form 2656-2, Survivor Benefit Plan (SBP)
Termination Request
1. Per reference (a), recommend BCNR not correct
einen, cecord to reflect that he declined participation in
the Survivor Benefit Plan (SBP).
2. The recommendation is based on the following:
a. Qe transferred to the Retired List on >
1 September 2007. 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. ee,
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
pemmiiiittti_e, icon "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
Subj: COMMENTS AND RECOMMENDATIONS 1CO 3000/iGRRR
ia DOCKET NO. 02827-09
public trust. ses \Ouse has been protected since
his date of retirement under the SBP and had he died during that
period, his spouse would have received an SBP annuity.
YC
BASIL COLEMAN:
Deputy Director
Casualty Assistance Division
(N135C)
Acting
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