DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
MEH:ddj
Docket No: 5637-01
14 August 2001
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Ref: (a)
Title 10 U.S.C. 1552
Encl:
(1)
(2)
(3)
DD Form 149 w/attachments
Series of Documents
Subject’s naval record
Pursuant to the provisions of reference (a), Subject hereinafter referred to as Petitioner,
1.
filed enclosure (1) with this Board requesting, in effect, that the applicable
corrected to show she declined enrollment in the Survivor Benefit Plan (SBP).
na.val record be
2. The Board, consisting of Messrs. Dunn,
2001 and, pursuant to its regulations,
allegations of error and injustice on 14
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.
?2ugust
McPartlin~ and Milner, reviewed Petitioner ’s
3. The Board, having reviewed all the facts of record pertaining to Petitioner
of error and injustice,
finds as follows:
’s allegations
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,
(2), the Board finds the existence of an
contents of enclosure
following corrective action.
and especially in light of the
injustice warranting the
Docket No: 5637-01
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
Prior to her 12 August 1981 transfer to the Permanent Disability Retired List
(PDtL) she declined enrollment in SBP. Member was transferred to the PDRL based on a
BCNR action (Docket No. 3530-99) without being given the option of enrolling in or
declining SBP and was subsequently automatically enrolled for spouse coverage. Her spouse
has provided written concurrence with her decision.
b. That a copy of this Report of Proceedings be filed in Petitioner
’s naval record.
Pursuant to Section 6(c) of the revised Procedures
4.
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.
bf the Board for Correction of Naval
ROBERT D. ZSALMAN
Recorder
G. L. ADAMS
Acting Recorder
Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures
5.
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.
14 August
2001
k W. DEAN PFEIFFER
Executive Director
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