DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 04523-09
1 September 2009
This is in reference to your application for correction to your
deceased spouse’s naval record pursuant to the provisions of 10
use 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 August 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 the Deputy Director Casualty
Assistance Branch (N135C) of 13 Jul 09, a copy of which is
attached.
The Board noted that your husband had been provided multiple
opportunities to enroll in the Reserve Component Survivor
Benefit Plan (RCSBP) but that he did not enroll. Records show
he was notified in writing of his opportunity to enroll in
August 1995. He also had two later opportunities to enroll
during “open season enrollment periods” that were widely
publicized. Moreover, records show that the enclosed letter,
addressed to you, was delivered to your mailing address in
August 1995. The Board recognized that gi signed
the certified mail receipt for the enclosed letter. However,
because the letter was addressed to you and was confirmed as
delivered to your address, the Board was satisfied that the Navy
had taken reasonable and adequate measures to acquaint you with
information regarding the RCSBP. Under these circumstances,
especially in light of the evidence that your husband never
enrolled in the RCSBP in spite of multiple opportunities to do
so, the Board found insufficient evidence of an error or
injustice that would warrant relief. 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,
W. DEAN PFE
Executive D or
Enclosure
NAVY | BCNR | CY2007 | 08663-07
08663-07 22 May 2008This is in reference to your application for correction of your 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 May 19, 2008. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your husband’s naval record and applicable statutes, regulations and...
NAVY | BCNR | CY2009 | 11104-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 February 2010. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your spouse’s naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2012 | 04500 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 September 2012. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, his naval record and applicable statutes, regulations and policies. Records show that in April 1999, your husband was notified by the attached letter (enclosure 2) that he had completed all of Docket No.
AF | BCMR | CY2010 | BC-2009-00703
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00703 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: Her late husband's records be changed to reflect that he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) with election (Option C) based on full retired pay during an Open Enrollment Season. We note the...
ARMY | BCMR | CY2013 | 20130007305
Despite this, there is no documentation in his record that shows he elected to participate in the RCSBP after receiving his 15-year letter. Public Law 95-397, the RCSBP, enacted 30 September 1978, provides a means for those who have qualified for Reserve retirement, but who are not yet age 60 [upon which they would be eligible to begin drawing retired pay, upon request, and to participate in the SBP], to provide an annuity to their survivors should they die before reaching age 60. The...
NAVY | BCNR | CY2009 | 06861-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 February 2010. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your spouse’s naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an , official naval record, the burden is on the applicant to demonstrate the existence,...
AF | BCMR | CY2009 | BC-2009-01017
In support of the application, the applicant submits a letter to her husband’s commander, the Air Reserve Personnel Center’s letter to her late husband, and her late husband’s death certificate. DPP states the former service member was required to make an RCSBP election within 90 days of receipt of notification; however, he did not make an election when eligible in 1990. The applicant’s complete response is at Exhibit...
APPLICANT CONTENDS THAT: Her deceased husband planned to take his Air Force retirement at age 60. 6 98-01709 On 28 December 1981, ARPC/DPAAR notified the spouse of the deceased member that an RCSBP election had not been received by the deadline and informed her that RCSBP coverage was not in effect and no further election could be made until the member reached age 60. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion...
NAVY | BCNR | CY2009 | 07744-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 October 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 03815-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 August 2010. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your spouse’s naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...