DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 °
BAN
Docket No. 07225-09
28 September 2009
Dear bitin EE aL Doe ae
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
28 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 the Deputy Director
Casualty Assistance Division (N135C) of 14 Sept 09, a copy of which is
attached.
After careful and conscientious consideration of the entire record, a
Majority of 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
..@rror or injustice.
Sincerely,
In
W, DEAN PFEL
Executive Dirett
~— Enclosure--—~~ = =——-—_— = a eenniseetemnmennnnaiaaaaeie RaElieeeee
14 Sep 09
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: Assistant for BCNR Matters (PERS-31¢)
Subj: {COMMENTS AND RECOMMENDATIONS [CO \siiliiiiiiiiiaiGiiidtligieiiijiisiiiiiiing rc
B DOCKET NO. 07225-09
Ref: {a) BCNR memo of 13 Aug 09
Enel: (1) DD Form 2656-2, Survivor Benefit Plan (SBP)
Termination Request
1. por aecerence, (5) recommend BCNR not correct
Dy te pace wie record to reflect that he declined
participation in the Survivor Benefit Plan (SBP).
2. The recommendation is based on the following:
ee ime transferred to the Fleet Reserve
on 31 January 2008. He was automatically enrolled in the
SBP is 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
Guring the one-year period beginning on the second anniversary of
the date of commencement of receiving retired pay. He can
terminate his participation in the SBP during that one-year
period with his spouse’s written concurrence utilizing the
enclosure,
3, Information regarding the SBP has been available to
a De from "Shift Colors", the quarterly
news etter 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. & ie ames soouse has been
Subj:
eT NO. 07225-09
protected since his date of retirement under the SBP and had he
died during that period, his spouse would have received an SBP
annuity.
fe
BASIL COLEMAN
Deputy Director
Casualty Assistance Division
(N135¢C}
Acting
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