DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No, 04858-11
7 September 2011
This is in reference to your application for correction to 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 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 husband’s naval record and
applicable statutes, regulations and policies. In addition, the
Board considered the advisory opinion furnished by the Survivor
Benefit Program Manager Casualty Assistance (N135C) memo of
21 Jul 11, a copy of which is attached.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
snsufficient to establish the existence of probable material
error or injustice. In making this determination, the Board
substantially concurred with the comments contained in the
advisory opinion. In addition, the Board also noted that the
costs associated with the Retired Servicemen’s Family Protection
Plan or Survivor Benefit Plan (SBP) coverage were never paid.
Therefore, your application has been denied. The names and
votes of the members of the panel will he 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
Docket No. 04858-11
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,
lo Deas
W. DEAN PFEVFRAR
Executive r or
Enclosure
NAVY | BCNR | CY2006 | 03267-06
The Board noted that, although he was eligible, your deceased husband had never enrolled in the Reserve component Survivor Benefit Plan after becoming eligible for retirement (without pay). They found that he had received ample opportunity to request retired pay and enroll in the Survivor Benefit Plan during the almost 14 years between 8 April 1991 to 18 January 2005. was eligible for retired pay on 8 April 1991.
NAVY | BCNR | CY2010 | 07253-10
Under these circumstances, the Board found insufficient evidence of an error or injustice that would warrant any change to your husband’s RCSBP election. Under this option, if the retiree dies before reaching age 60, a survivor annuity is payable on the date the member would have attained age 60. Option C - Immediate annuity.
NAVY | BCNR | CY2007 | 00943-07
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 an advisory opinion furnished by HQMC recommending that no relief be granted because your deceased husband had, with your concurrence, declined enrollment in the Survivor Benefit Plan.After careful and conscientious consideration of the entire record, the...
NAVY | BCNR | CY2010 | 08353-10
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.
NAVY | BCNR | CY2001 | 04079-01
The Reserve Component Survivor Benefit Plan (RCSBP) allows Reservists with 20 qualifying years of service to leave a portion of their retired pay to their eligible survivors in the event they die before receiving retired pay at age 60. As noted in the USMC advisory opinion, recent legislation changed the RCSBP notification procedures, but this does not provide a basis for corrective action. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2012 | 04500 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 September 2012. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, his naval record and applicable statutes, regulations and policies. Records show that in April 1999, your husband was notified by the attached letter (enclosure 2) that he had completed all of Docket No.
NAVY | BCNR | CY2010 | 03815-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 August 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2001 | 08329-00
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-510 0 MEH:ecb Docket No: 17 July 2001 8329-00 This is in reference to your application for correction of your deceased spouse’s naval record pursuant to the provisions of title 10 of the United States Code, section 1552. 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...
NAVY | BCNR | CY2010 | 09029-10
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. On 29 December 2003, he executed a DD Form 2656 declining participation in the Survivor Benefit Plan (SBP). 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.
NAVY | BCNR | CY2013 | NR5899 13
In June 2013, your husband sought 2 correction to his naval record to show that he enrolled his spouse, Ey -: the sole beneficiary of SBP within one year of his marriage. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 November 2013. 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.