DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No. 9029-10
15 Feb 11
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 14 February 2011. 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
ef 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 HQMC Memo 1741 MMSR-6K dtd 7 Dec
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 for a
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 advisory opinion.
The record shows that you married your deceased husband in
January 2003. Prior to your marriage, he had served on active
duty for over 20 years. In December 2003, he was preparing to
transfer to the Fleet Marine Corps Reserve (retire). On 29
December 2003, he executed a DD Form 2656 declining
participation in the Survivor Benefit Plan (SBP). At that
point, you had been married to him for less than one year. On
the same day, you signed the DD Form 2656 (a copy of which is
enclosed) and certified that you concurred in your husband’s
decision to decline participation and that you had received
information that explained the options available and the effects
of those options. The Board found that you also certified on
the DD 2656 that you were aware that your husband’s retired pay
would stop when he dies. Because of your husband's election (to
decline participation) accompanied by your statement (concurring
in his decision), your husband was not enrolled in the SBP. He
did not pay any of the “costs” or “premiums” that would have
been associated with participation in SBP. He received his
“full” retired pay without deductions for SBP costs. The Board
gave careful consideration to your various claims (i.e. that you
did not sign the DD 2656, that you signed it without
understanding its meaning, that you signed it under duress, that
you did not receive proper counseling, that your decision making
ability was impaired, etc). The Board found that these claims
were insufficient to warrant any relief. The Board was
satisfied, based on the DD Form 2656 that you were aware of your
options, you personally concurred in the decision to decline
participation and that you were aware that your husband would
not be participating in SBP and his retired pay would stop upon
his death. 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 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,
Executive
Enclosure
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BA three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 June 2009. The Board found that you also certified on the DD 2656 that you were aware that your husband’s retired pay would stop when he dies. 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.
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The applicant requests the DD Form 2656-5 (Reserve Component Survivor Benefit Plan (RCSBP)) of her deceased husband a former service member (FSM) be corrected to show he elected Option C (Immediate Annuity) instead of Option A (I decline to make an election until age 60). Public Law 95-397, enacted 30 September 1978, provided a way for Reserve Component members who qualified for Reserve retirement, but were not yet age 60 and eligible to participate in the SBP, to provide an annuity for...
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The applicant requests that the records of her deceased husband, a retired former service member (FSM), be changed to show he elected spouse coverage under the Survivor Benefit Plan (SBP). The applicant provides a copy of a DD Form 2656 which shows this form was signed and dated by her, the FSM, and a witness on 24 March 2001 during the FSM's retirement processing. The applicant and the letters from two retired service members state that if the FSM and the applicant had been adequately...
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