DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS -
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No.NR06296-13
16 December 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 16 December 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 applicable statutes,
regulations and policies. In addition, the Board considered the
advisory opinion (A/O) furnished by Commander, Navy Reserve
Forces Command (CNRC) memo 5420 Ser N1/1162 of 23 October 2013,
a copy of which has already been provided to you. You had 30
days to respond and failed to do so. Therefore, your case was
presented to the Board as is.
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.
Therefore, your application for complete declination of your
Survivor Benefit Plan enrollment coverage since your retirement
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
Docket No.NRO6296-13
official naval record, the burden is on the applicant to
demonstrate the existence of probable material error or
injustice.
Sincerely,
VW Dos Oh’
W. DEAN PFEIRYE
Executive Direct
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