DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
DIC
Docket No, 5221-09
9 September. 2009
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.
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 30 Jul 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,
ple
Executive Di
Enclosure
30 Jul 09
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: Assistant for BCNR Matters (PERS-31C)
Subj: COMMENTS AND RECOMMENDATIONS ICO iii:
ieee ee. CK ET NO. 0522109
Ref: . (a) BCNR memo of 1 Jul 09
recommend BCNR not correct
7 en Wii cecord to reflect that he declined
participation in the Survivor Benefit Plan (SBP).
f peice
2. The recommendation is based on the following:
NR Crensferred to the Fleet Reserve
on 31 October 2001. He was automatically enrolled in the SBP as
a result of the Defense Finance and Accounting Service-~Cleveland
(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. Jam rn
/ We could have terminated his participation in the SEP
during that one-year period with his spouse’s written
concurrence,
3.) information regarding the SBP has been available to
ae - WEE from "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 public trust. eee oid Wis spouse has been
protected since his date of retirement under the SBP ands ‘Aad he
died during that period, his spouse would have received” ar “BBP
annuity. at , = ‘,
nh)
ae 2
by
BASIL COLEMAN i Ww
Deputy Director me
Casualty Assistance Branch
(N135¢C)
Acting
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