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NAVY | BCNR | CY2011 | 11341 11
Original file (11341 11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490

 

BAN
Docket No. 11341-11
27 February 2012

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

21 February 2012. 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 Survivor Benefit Plan
Program Manager Casualty Assistance (OPNAV N135C) of 1 Feb 12, 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
making this determination, the Board substantially concurred with the
comments contained in the advisory opinion. Records show that when
you transferred to the retired list on 1 June 2010, you were
automatically enrolled in the "spouse only" category of SBP coverage.
Your application seeks to change the record to show that when you
transferred to the retired list, you (a) declined SBP coverage for
your spouse and (b) elected to be enrolled in the "child(ren) only"
category of SBP coverage.

With respect to your request in (a) above (to change the record to
show that you declined SBP coverage for your spouse), the Board
determined that no relief is warranted. The Board agreed with the
comments in the advisory opinion that you have already received the
benefit of spouse coverage since 1 June 2010. Accordingly, the Board
has denied this portion of your request. With respect to your request
in (b) above (to change the record to show that you enrolled in
"child(ren) only" coverage), the Board was receptive to changing the
record to add child(ren)" coverage to the "spouse" coverage effective
1 June 2010. However, by e-mail dated 21 Feb 2012, you have indicated
that you intend to "terminate SBP once in the 25-36 month window" vice
Docket No. 11341-11

adding your child(ren) to the SBP. accordingly, the Board has denied
this portion of your request also. 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.

 

Enclosures

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