DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 13269-09
24 March 2010
This is in reference to your application for correction to 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 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 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 Division (N135C) of 2 Mar 2010, a copy of
which is attached. —
The Board noted that you had been provided multiple
opportunities to enroll in the Survivor Benefit Plan (SBP). Ags
hoted in the attached advisory opinion, you could have enrolled
within one year of your marriage to Niphaporn K. Cavazos or
during the widely publicized “open seasons” between 1 March 1999
- 29 February 2000 and 1 October 2005 ~ 30 September 2006.
Regrettably, there is no evidence that you elected coverage
during any of those opportunities. 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,
Enclosure
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