DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No.NRO7672-14
5 December 2014
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 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
length of time in which you decided that your declination for
Survivor Benefit Plan coverage was erroneous due to your claim
that you were misinformed.
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
opined that you and your spouse made a conscious decision to
decline SBP coverage, noting that your Survivor Benefit Plan
Election Form, (DD Form 2656), in Section XI - Certification,
you signed to decline SBP coverage with spousal concurrence.
Furthermore, it stated"..if I exercise my option to terminate the
SBP, future participation is barred.” Additionally, the Board
noted that when your spouse concurred, she agreed to the
statement, “I hereby concur with the Survivor Benefit Plan
election made by my spouse. I have received information that
explains the options available and the effects of those options.
I know that retired pay stops on the day the retiree dies.”
Therefore, your application has been denied. The names and
votes of the members of the panel will be furnished upon
request. ,
Docket No.NRO7672-14
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
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
a -taenee to ail official records.
é
Consequently, when applying for a correction of an official
naval record, the burden is'on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely
ROBERT J. O’NEILL
Executive Director
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