DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WoH
Docket: 3586-09
4 February 2010
This is in reference to your application for correction of your
naval record received on 7 April 2009.
Title 10, United States Code, Section 1552, is the law governing
the correction of military records. This law gives you the right
to apply to the Board for Correction of Naval Records (the Board)
to correct errors or injustice in your military records. A DD Form
149, Application for Correction of Military Records, is the form
used to apply to the Board for a correction of your naval record.
Under the rules governing the Board, the applicant must identify
exactly what error or injustice occurred and what should be
corrected in the record. Additionally, the applicant is
responsible for providing documents and evidence with the DD Form
149 to support the request for correction and to demonstrate by
substantial evidence that an error or injustice has occurred. The
Board will review available official military records, but will
not serve as an investigative body.
Your application is vague regarding what change you are requesting
and the reasons why you believe you are entitled to the changes
sought. Your application states that you seek the following as
the “specific correction action required”: “Government pay all
taxes,” “ninetheenth millions dollars,” “100% V.A. edgeability,”
“correction of all records.” An attached letter states that you
also wish to inquire about the Survivor Benefit Plan.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
1 February 2010. 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
Docket: 3586-09
application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
Review of your naval record shows that you were placed on the
Temporary Disability Retired List in February 1986 after
approximately five years and seven months of gervice. You were
later placed on the permanent retired list effective 1 March 1989.
However, the Board found no evidence of an error or injustice in
your record that would warrant the corrective action that you
sought or any other change to your record. Accordingly, your
application has been denied.
In reply to your request for information about the Survivor
Benefit Plan, the following is provided. The Uniformed Services
Survivor Benefit Plan (SBP) was created by Congress in 1972 to
allow a means by which survivors can continue to receive a portion
of military retired pay after the death of the retiree. Without
it, retired pay stops completely on the date of death of the
retiree. Military members may elect to participate at the time of
retirement. Elections are generally permanent and irrevocable.
Additional information about the SBP can be found at:
http: //www.dfas.mil/retiredpay/survivorbenefits.html. If you need
further advice and assistance in understanding the SBP program, as
a retiree you should be eligible for legal assistance at
government expense. The nearest legal assistance office is at the
Scott Air Force Base at the following address: 375 AW/JA
101 Heritage Drive Suite 210 [Bldg P-3] Scott AFB, IL 62225
Phone: 618-256-3542,
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.
Sincerely,
\SyuS
W. DEAN PF
Executive Dixse®@tor
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