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BES DEPARTMENT OF THE NAVY
& JS SARD FOR CORRECTION OF NAVAL RECORLS
we oy 701 §. COURTHOUSE RD SUITE 100%
: ARLINGTON VA 22204-2490
BAN ee
Docket No.NRO2156-14 ©
26 November 2014
|
This is in reference to your application for correction of your
deceased spouse’s naval record pursuant to the provisions of 16
use 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 25 November 2014. 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/O) furnished by the Office of Legal Counsel,
Navy Personnel Command, (PERS-007) memo of 3 Sept 2014, a copy
of which was provided to you on 26 Sept 2014, and is being
provided to you now. Additionally, the Board considered your
response to the A/O dated 20 November 2014.
4
However 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
concurred with the comments contained in the A/o. Therefore,
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
Finally, the Board did note however, that since you are
receiving Dependency indemnity Compensation (DIC) in lieu of a
Survivor Benefit Plan (SBP) annuity, if the law ever changes and
allows dependents to be in receipt of concurrent payment of DIC
and SBP, then you may reapply t0 this Board for reconsideration.
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
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evidence within one year Irom the date of Ue Bosra’ s Geracswe.
New evidence is evidence not previously considered by the Board
prior to making its decision in this case. In this regard, it
is important to keep in mind that 4 presumption oF reguiarity
--attaches to all: ‘offtetal records.” ~~
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Conseaueully , when applyiug Lor a correction of an official
naval record, the burden is on the applicant to demonstrate the
“existence of probable material error or injustice.
€
Sincerely
R BERT J. O'NEILL
Executive Director
Enclosure
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