DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 MEH:ddj
Docket No: 1356-01
8 May 2001
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Series of Documents
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject hereinafter
referred to as Petitioner, filed enclosure (1) with this Board
requesting, in effect, that the applicable naval record be corrected to
show timely written request for conversion from spouse to former spouse
coverage under the Survivor Benefit Plan (SBP).
2. The Board, consisting of Messrs. Bartlett, Beckett, and Mimer,
reviewed Petitioner’s allegations of error and injustice on 8 May 2001
and, pursuant to its regulations, determined that the corrective action
indicated below should be taken on the available evidence of record.
Documentary material considered by the Board consisted of the
enclosures, naval records, and applicable statutes, regulations and
policies.
3. The Board, having reviewed all the facts of record pertaining to
Petitioner’s allegations of error and injustice, finds as follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and regulations
within the Department of the Navy.
b. In correspondence attached as enclosure (2), Petitioner
submitted documentation showing that the request has merit and warrants
favorable action.
CONCLUSION
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board finds
the existence of an injustice warranting the following corrective
action.
Docket No: 1356-01
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show
that:
a. He executed a written request for conversion from spouse to former
spouse SBP coverage, at the same level of coverage as previously elected,
naming beneficiary. His request was received by cognizant authority and
became effective 2 March 1995, the day following the date of divorce.
b. The request was in compliance with a court order.
c. That a copy of this Report of Proceedings be filed in Petitioner’s
naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the Board for
Correction of Naval Records (32 Code of Federal Regulations, Section
723.6(c)) it is certified that quorum was present at the Board’s review and
deliberations, and that the foregoing is a true and complete record of the
Board’s proceedings in the above entitled matter.
ROBERT D. ZSALMAN G. L. ADAMS
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section 6(e) of
the revised Procedures of the Board for Correction of Naval Records (32
Code of Federal Regulations, Section 723.6(e)) and having assured
compliance with its provisions, it is hereby announced that the foregoing
corrective action, taken under the authority of reference (a), has been
approved by the Board on behalf of the Secretary of the Navy.
8 May 2001
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