DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BAN
Docket No:NR11045-14
a1 Arteries 2014
on
Nee ee ee a ee a
‘This is in reference to your original application dated 13
December 2013 with enclosures. On 11 August 2014, you requested
reconsideration of your case, which was considered and denied on
7 October 2014.
A three member panel of the Board convened on 7 October 2014, |
and found that there is no basis for relief of your request.
You are advised that when a request for corrective action is
denied by the Board, sitting in executive session, new and
material evidence or other matter not previously considered must
be submitted in order to have the Board reconsider its decision.
Therefore, after a careful review of your evidence, the Board
determined that although you provided new information, it was
not material information. Therefore, your case was denied. The
Board noted the following facts:
a) a eeeice ne acts SE ee as “
was married to his first wife in —__> He was subsequently
divorced in
b) SEP vc ixed from the Navy infijpte wes single
at that time but had three dependent children. However, Siii?>
ever elected “child” only coverage under the Retired
Serviceman’s Family Protection Plan (RSFPP), (the only available
annuity program at that time). Therefore, he was not enrolled in
the program.’
1 The RSFPP was the Department of Defense survivor program in effect prior to
September 21, 1972 when it was replaced by the Survivor Benefit Plan {SBP). RSFPP
coverage could not be established after September 20, 1972. During the SBP initial
enrollment period (Sept. 21, 1972 to March 20, 1974), members with RSFPP coverage
could terminate that coverage and elect SBP coverage, oF keep the RSFPP coverage in
addition to electing SBP coverage. additionally, if the member retired on or after
Nov.i, 1968, unmarried children are eligible beneficiaries until age 18, or age 23 if
attending school full time.
Docket No .NRLiO45-14
i
ep AT SET
c) In 1984, i you were married. He had the
opportunity to enroll his spouse (you) in the SBP program within
one year of marriage, but he failed to do so. Furthermore,
under the law at that time, he was not required to notify you of
his decision.
d) although SEE 2c i cioned the court for a divorce
in 1993, it was never finalized; and cherefore, vacated in 2010
by the Circuit Court of the City 5
e) In 2005, EP «i 23. Before his death, he had
numerous opportunities to enroll you in the SBP program during
the open-enrollment seasons, but he failed to do 80.
Therefore, based on all the aforementioned issues, the Board
concluded that since your spouse was nov enrolled in SBP, you
are not entitled to an SBP annuity. In making their
determination, the Board also considered your response dated 11
August 2014, and your claim that your spouse's Retired Account
Sratement noted “SBP election is reflected on your account”.
However, the Board pelieved that this was an error since no SEP
premium payments have ever been made or taken out of his
retirement pay. The names and votes of the members of the panel
will be furnished upon request.
Tt is regrettable that the circumstances of your case are such
that favorable action camnot be taken. You are entitled to have
the Board reconsider its decision upon submission of new and
material evidence within one year from the date of the Board’ s
decision. New evicence is evidence not previously considered by
the Board prior to making its decision in your case. In this
regard, it is important té keep in mind that a presumption of
regularity attaches to all official records. consequently, when
applying for a correction of an official record, the burden is
on the applicant tc¢ f material error
or injustice.
ROBERT J. O'NEILL
Executive Director
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