DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 07744-09
26 October 2009
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 26 October 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 6 Oct 09, a copy of which is
attached.
The Board noted that your husband had been provided multiple
opportunities to enroll in the Survivor Benefit Plan (SBP) but
that he did not enroll. Records show had three opportunities to
enroll during “open season enrollment periods” that were widely —
publicized. Under these circumstances, especially in light of
the evidence that your husband never enrolled in the SBP 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 raind
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,
Lon
W. DEAN P
Executive
Enclosure
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