DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 08028-09
22 March 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 March 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 deceased spouse’s 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 5 Feb 2010, a
copy of which is attached.
The Board noted that your spouse ( had one year
from the date of your marriage to enroll you in the RCSBP
program, and also during the 1 October 2005 to 30 September 2006
open enrollment period; however, he failed to do so.
Additionally, we have contacted the Na Benefits Office
regarding your request that " s record
include his marriage to fF" That office has
advised that the record already lists you as ee eee
spouse effective 22 June 2002. Further information
ut your benefits and eligibilities may be obtained by calling
the Navy's Pay, Personnel & Benefits Branch at (901) 874-3362 or
by visiting
http: //www.npe.navy.mil/CommandSupport/PayPersSupport/.
Therefore, 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 panei 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,
Ens
W. DEAN PFEL
Executive Dil 1
—
Enclosure
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