DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN :
Docket No. 05139-09
4 January 2010
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 4 January 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 application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies. The Board considered the advisory
opinion furnished by the Deputy Director Casualty Assistance
Division (N135C) of 1 Dec 09, a copy of which is attached. In
addition, we have also enclosed a copy of the Survivor Benefit
Plan (SBP) Termination Request form for you to fill out and
submit to the Defense Finance Accounting Service-Cleveland
(DFAS-CL). However, please note, that you will need your
spouse’s concurrence to terminate SBP coverage. If you are now
divorced, you may provide a copy of your divorce decree to DFAS-
“CL and your SBP premiums will be suspended effective the date of
your divorce.
‘Therefore, 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 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,
Enclosures
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the advisory opinion furnished by NPC memorandum of 1 October 2001, a copy of which is attached. 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. Title 10, U.S. Code, Section 1448(b)(3), requires that SBP spouse coverage who become divorced and desire former spouses as their beneficiaries must participants with to maintain their specifically elect such coverage...
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Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your former spouse naval record and applicable statutes, regulations and policies. ’s In addition, the Board considered 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. letter from DFAS-CL dated 14 June 1999 which...
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