DEPARTMENT OF THE NAVY
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ROARD RGF CORRSICT. Gs OF NAVAL RETOROL
701 S. COURTHOUSE RD SUITE 4001
ARLINGTON VA 22204-2490
BAN
Docket No.NR04960-13
20 August 2013
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 20 August 2013. 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 applicabie statutes,
regulations and policies. In addition, the Board considered the
advisory opinion (A/O) furnished by the Survivor Benefit Plan
(SBP) Program Manager Casualty Assistance (PERS-13) memo of 30
Jul 2013, a copy of which is provided to you.
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. In addition, the Board noted that your SBP
coverage has now been suspended effective the date after your
divorce and DFAS is already processing your refund from 2010 to
present.
Therefore, your application for complete declination of your SBP
enrollment coverage since your retirement has been denied. The
names and votes of the members of the panel will be furnished
upon request.
Tt 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
othe Board: -In this. regard,” Bt. 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: probablé material error ‘or
injustice.
Sincerely,
W. DEAN PFE
Executive Dirde
Enclosure
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