DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 06861-09
23 February 2010
This is in reference to your application for correction to your
deceased spouse’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 22 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 application, together with all material submitted in
support thereof, your spouse’s naval record and applicable
statutes, regulations and policies. In addition, the Board
considered the advisory opinion furnished by the Director,
Reserve Personnel Administration Division (PERS-91), 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). As noted in the attached advisory
opinion, his first opportunity arose in July 1997 when he was
furnished with his “Notice of Eligibility to Received Retired
Pay at Age 60” (NOE). He also had two subsequent opportunities
to enroll during widely publicized ‘open enrollment” seasons.
Those open enrollment seasons were held in March 1999 - February
2000 and October 2005 - September 2006. Regrettably, there is
no evidence that your husband elected coverage during any of
those opportunities. Under these circumstances, 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. i
, Sincerely,
W. DEAN PFE
Executive Di
Enclosure
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