DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No. 12983-0909
27 Apr 10
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
26 April 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 naval record and
applicable statutes, regulations and policies. In addition, the Board
considered an advisory opinion furnished by HQMC which recommended
that no relief be granted.
After careful and conscientious consideration of the entire record,
the Board found that the evidence submitted was insufficient to
establish the existence of probable material error or injustice. The
Board noted that you were provided with an opportunity to enroll in
the Reserve Component Survivor Benefit Plan (RCSBP} in October 1998
when you were furnished with the enclosed "Notification of Entitlement
to Retired Pay at Age 60 and Eligibility to participate in the Reserve
Component Surviver Benefit Plan" (NOE). Unfortunately, there is no
evidence that you enrolled at that time. You also had two subsequent
opportunities to enroll during widely publicized "open enrollment”
Seasons. Those open enrollment seasons were held in March 1999 -
February 2060 and October 2005 - September 2006. Regrettably, there
is no evidence that you elected coverage during any of those
opportunities. You will also be afforded an opportunity to enroll in
the as Survivor Benefit Plan in 2018 when you reach age 60. 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.
Docket No. 12983-09
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 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,
Enclodure
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