DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20376-5100
BAN
Docket No. 03815-16
23 August 2010
This is in reference to your application for correction to your
deceased husband’s naval record pursuant to the provisions of 10
use 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 August 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 an advisory opinion by the Deputy Director Casualty
Assistance Branch.
The Board noted that your husband received his Notification of
Eligibility in December 1994, and was transferred to the Retried
List without pay, on 1 January 1997, which entitled him to
participate in the Reserve Component Survivor Benefit Plan
(RCSBP). However, he failed to make an election within 90 days
and, therefore, was not enrolled in RCSBP coverage. This
decision was irrevocable. Your husband, however, had the
opportunity to elect Survivor Benefit Plan (SBP) coverage before
his 60° birthday, which he did so on 21 August 2009. Although,
under this option, in order for your husband’s beneficiary to
receive an annuity, he had to reach the age of 60 and,
unfortunately, he passed away in January 2010, at the age of 59.
Additionally, during the gray period between the time he retired
without pay to the point he reached age 60, your husband had the
opportunity to elect RCSBP coverage during the widely publicized
L March 1999 to 29 February 2000 and the 1 October 2005 to 30
September 2006, SBP open-season enrollment periods. However, he
failed to do so. 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 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,
Ly Doar’ .
W. DEAN PFET
Executive Di oO
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