DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHINGTON DC 203704100
MEH: ddj
Docket No: 3872-00
15 August 2000
From:
To:
Subj
:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
*
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) BUPERS memorandum of 18 July 2000
(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.
allegations of error and injustice on 15 August 2000 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.
Caron, Mazza, and
Zsalman, reviewed Petitioner ’s
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), the office having cognizance over the
subject matter addressed in Petitioner’s application has commented to the effect that the
request has merit and warrants favorable action.
CONCLUSION
Upon review and consideration of all the evidence of record,
contents of enclosure
(2), the Board finds the existence of an
following corrective action.
and especially in light of the
injustice warranting the
Docket No: 3872-00
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 Mae R. Mitchell as
the
beneficary. His request was received by cognizant authority and became effective 12
December 1990, the day following the date of divorce.
b. 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
Recorder
. 5i>m
.
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.
15 August 2000
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