DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No. 04500-12
9 October 2012
This is in reference to your application for correction of 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 24 September 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, his naval record and applicable statutes,
regulations and policies. In addition, the Board considered the
advisory opinion (A/0) furnished by the Survivor Benefit Plan
(SBP) Program Manager Casualty Assistance (OPNAV N135C) memo of
24 Jul 2012, a copy of which is provided to you, enclosure (1).
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 A/O.
The Reserve Component Survivor Benefit Plan (RCSBP) is a program
that allows a reservist with more than 20 qualifying years who
has not yet become entitled to retired pay by reaching age 60,
to leave a percentage of the future retired pay as a monthly
survivor annuity to surviving beneficiaries. Reserve retirees
become eligible to participate in the RCSBP by completing all of
the requirements to be qualified for retired pay at age 60. To
preserve the actuarial soundness of the plan, Reserve retirees
may only enroll during certain periods that are specified by
law.
Records show that in April 1999, your husband was notified by
the attached letter (enclosure 2) that he had completed all of
Docket No. 04500-12
the requirements to receive retired pay at age 60 and he was
afforded an opportunity to enroll in the RCSBP. To enroll, he
was required to complete an election certificate and submit it
to the Navy Reserve Personnel Center within 90 days of receiving
enclosure (2). Regrettably, there ig no evidence that your
husband elected coverage. Additional records show that on 5 May
1999, a letter was mailed to you to acquaint you with the
different options that were available to your husband. Please
see enclosure (3) myhich clearly stated that your husband had “90
days from receipt »f this package to enroll in the Plan."
Moreover, your husHand had a second opportunity to enroll in the
RCSBP during a widely publicized “open enrollment” season that
occurred between*March 1999 and February 2000.
Regrettably, after a thorough review of the records, there is no
evidence that he elected RCSBP coverage during his first
opportunity (between approximately April. i299? and July 1999) or
his second opportunity (between March 1999 and February 2000).
The Board carefully considered your contention that your husband
submitted an election form electing option C in May 1999.
However, regrettably, careful and complete review of the RCSBP
election records on file with the Navy Reserve Personnel Center
reveals no record of any such form having been received.
Under these circumstances, the Board found insufficient evidence
of an error or injustice that would warrant relief.
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 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,
W. DEAN R
Executive ctor
Enclosures
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