DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No. 4012-10
14 Dec 10
This is in reference to your application for correction of your
deceased husband’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 13 December 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 the
advisory opinion furnished by NPC Memo 5420 PERS-0031/161 dtd 24
Nov 10, a copy of which is attached.
The Board members also considered your request for a personal
appearance, however they found that the issues in the case were
adequately documented and that a personal appearance with or
without counsel would not materially add to the Board's
understanding of the issues involved. Thus, your request fora
personal appearance has been denied.
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. In this connection, the Board substantially
concurred with the comments contained in the adva Lo
Review of the records shows that you and eee
married in 1985. He transferred to the Fleet Reserve
retired) in 1998. In conjunction with his retirement, he
declined participation in the Survivor Benefit Plan (SBP). The
attached form evidences your agreement of his decision to
decline SBP participation. Your signature in block 30 was
witnessed by f USS Nimitz and is presumed to be
authentic. Because he declined SBP participation, no SBP costs
(i.e. monthly premiums) were deducted from your husband’s
retired pay to underwrite SBP coverage. Your husband enjoyed
the benefit of his full retired pay until his death in 2010.
Additionally, between your husband’s retirement and his death,
the SBP offered two widely publicized “open enrollment” periods
during which you/your husband could have enrolled in the SBP.
“Open enrollment” periods were held during March 1999-February
2000 and October 2005-September 2006. There is no evidence of
enrollment during either of the two open enrollment seasons.
Because your husband declined SBP, no premiums were paid, no
open season enrollment elections were made and you presumably
concurred with your husband's decision to decline SBP, in the
Board's view, no relief is warranted. 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 important to keep in mind that
a presumption of regularity attaches to all efEigial 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.
Lo, 4
W. DEAN PFEIL
Executive Diréctor
Enclosure
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You learned that he was not participating in the SBP in, approximately, 1991. Prior to his retirement, he declined participation in the Survivor Benefit Plan (SBP) by filing a NAVCOMPT 2272. There is no evidence that Qs sought to enroll in SBP during the open seasons.
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