DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 06769-10
7 October 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 27 September 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 the Deputy Director Casualty
Assistance Branch (N135C) memo of 26 Aug 10, a copy of which is
attached.
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 agreed with the comments
contained in the advisory opinion. In addition, the Board also
noted that your DD Form 2656 was invalidated at the time of your
retirement because your spouse signed the form two months prior
to your election. In order for the form to have been valid, it
must have been first signed by you, electing to participate or
not participate in the SBP program. Your spouse would then have
concurred or not concurred with your election. Since this was
not done, your form was invalidated and you were auto-enrolled
in SBP coverage. You had ample opportunity to seek
disenrollment between your retirement and 23 June 2010, (when
you requested termination). Prior to your request for
termination, you were “covered” by SBP and if you had died, an
annuity would have been available to your beneficiary. Under
these circumstances, the Board found that no relief was
warranted. Accordingly, your application has been denied.
Public Law 105-85 enacted on 18 November 1997, authorized SBP
participants to voluntarily discontinue SBP participation during
the one-year period beginning on the second anniversary of the
date of commencement of receiving retired pay. Therefore, the
part of your request which extends to your request on 16 June
2010, to terminate your SBP within the 25° and 36°" month with
spousal concurrence, has been administratively corrected by
Naval Personnel Command. 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,
Le Deadsp
W. DEAN PFET}
Executive Dil
Enclosure
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