DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 11104-09
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.
The Reserve Component Survivor Benefit Plan (RCSBP) is a program
that allows a reserve retiree who has not yet become entitled to
retired pay by reaching age 60, to leave a percentage of the
future retired pay as a monthly survivor annuity to surviving
beneficiaries. Reserve retirees become eligible to participate
in the RCSBP by completing all of the requirements to be
qualified for retired pay at age 60. To preserve the actuarial’
soundness of the plan, Reserve retirees may only enroll during
certain periods that are specified by law.
The Board noted that your husband had been provided multiple
opportunities to enroll in the RCSBP. His first opportunity to
enroll arose in May 1990 when he was furnished with his “Notice
of Eligibility to Received Retired Pay at age 60” (NOE). He was
not married at the time and there is no evidence that he elected
coverage. His second opportunity arose in September 1994 when
he married you. Retirees who are unmarried at the time that
they are furnished their NOE who later marry, may elect “spouse”
coverage within one year of acquiring the spouse. Regrettably,
there is no evidence that he elected RCSBP coverage within one
year of his marriage to you. Finally, your husband had two
subsequent opportunities to enroll in the RCSBP during widely
publicized “open enrollment” seasons. 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 those opportunities either.
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.
Sincerely,
W. DEAN P
Executive rector
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