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“TION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
DIC
Docket No. NR3608-14
9 Oct 14
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
8 October 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, your naval record and
applicable statutes, regulations and policies. In addition, the Board
considered the advisory opinion furnished by NPC memo dated 25 July
2014.
After careful and conscientious consideration of the
the Board found that the evidence submitted was insuff
establish the existence of probable material error or
You requested in your petition to the Boara that you
the Survivor Benefit Plan (SBP) program Based on your
application/record, you retired from the U.S. Naval Reserve on 27
April 2011. You were divorced and were automatically enr lied in
spouse coverage under the SBP program due to an invalid f
category SBP election (requested reduced coverage without spouse
concurrence). You and QE ARS divorced on gy»
: ) and records show you agreed that, notwithstanding the
divorce, your former wife would remain the sole beneficiary of SBP.
Despite the fact that neither you or your wife made an election for
former spouse coverage, the change you requested would place you in
violation of the terms of your divorce decree and adversely impact on
the future rights and benefits of your former spouse. These factors,
and the fact that your former spouse's SBP waiver was not notarized,
formed the basis for the Board's decision. Accordingly, your
application has been denied. The names and votes of the members o
the panel will be Furnished upon request.
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It is regretted that the circumstances OL ur case az é
favorable action cannot be taken. You
reconsider its decision upon submission of new evidence within one
year from the date of the Board's decision. 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 a
presumption of regularity attaches to ail jal records.
aRaermtiam Af an nfFiarial naira
Consequently, whe applyiuy for a correcyicm Cn a
record, the burden is on the applicant to demonstrate the existence of
probable material error or injustice.
Si ely
ROBERT J. O'NEILL
Executive Director
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