DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-6100
DUC
Docket No, 3270-09
9 September 2009
Dear J
This is in reference to your application for correction of your
deceased former husband'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
8 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 19 Aug 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
ektabliish 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,
W. Dasaase ER
Executive Diregt
Enclosure
19 Aug 09
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS (BCNR)
Via: Assistant for BCNR Matters (PERS-31C)
Subj: COMMENTS AND RECOMMENDATION ICO ‘
DOCKET NO. 03270-09 |
Ref: (a) BCNR memo of 17 Jun 09
1. ip gesponse to reference (a), recommend the BCNR not correct
ey NR cord to reflect that he enrolled in
the Survivor Benefit Plan (SBP).
2. The recommendation is based on the following:
a DPM was married when he transferred to
Permanent Di gabe Tatty Retired List (PDRL) on 1 December 1955. He
died 19 November 1980.
b. Public Law 92~425 of 21 September 1972 established the
Survivor Benefit Plan (SBP). Retirees were mailed information
packages explaining the new program and offering them an
opportunity to enroll during the wporiod 21 SoD Ucmer 1972
through 20 September 1973. ns eat
did not enroli his spouse during the initial open enrollment
period.
Cc. i eS”
divorced on 4 October 1973.
aie cid not enroll in the SBP, therefore
7 not. eligible to receive an SBP annuity.
BASIL COLEMAN |
Deputy Director
Casualty Assistance . Division
{N135C) ‘
Acting
got
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