DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
pac
Docket No. 1027-11
7 Sep 11
This is in reference to your application for correction of
deceased former 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 6 September 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
of your application, together with all material submitted in
support thereof, your deceased former husband’s naval record and
applicable statutes, regulations and policies. In addition, the
Board considered the advisory opinion furnished by NPC Memo
dated 31 Mar 11, 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. In thie connection, the Board substantially
concurred with the comments contained in the advisory opinion.
Records show that after your former husband married
he requested to change the beneficiary from you to
. tater, after he divorced Qa? he requested
that SBP deductions (and coverage) be stopped altogether. His
request was honored in 2001 and he did not participate in SBP or
pay any premiums thereafter. Based on your former husband’s 2001
request, and the fact that no premiums were paid after 2001, the
Board was satisfied that your former husband did not desire to
provide and did not in fact provide SBP coverage for you. Under
these circumstances, no relief is warranted and 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 or
Enclosure
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NAVY | BCNR | CY2007 | 08847-07
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NAVY | BCNR | CY2010 | 04012-10
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NAVY | BCNR | CY2003 | 00769-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 April 2003. 0769-03 The reference requests an advisory opinion on'- .l__y_ petition to correct her late former husband's records to show that he was enrolled in the Survivor Benefit Plan (SBP) with former spouse coverage when he died on 12 May 2002. Because it was the intention of the civil court that Gunnery Sergeant Slaterl s SBP coverage continue on as a...
NAVY | BCNR | CY2009 | 12464-09
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NAVY | BCNR | CY2009 | 10798-09
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AF | BCMR | CY2003 | BC-2002-03764
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