D E P A R T M E N T OF THE N A V Y
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
MEH:ddj
Docket No: 157-02
9 April 2002
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/attacliments
(2) CMC meniorandum 1741 MMSR-6 of 7 March 2002
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Sul~ject's former spouse, 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 Mr. Mackey, Mr. Pauling, antl Ms. McCorniick, reviewed
Petitioner's allegations of error and i~ijustice on 9 April 2002 and, pi~rsuant to its regulations,
determined that the corrective action indicated below slioulct be taken on the available
evidence of record. Documentary liiaterial considered by the Board consisted of the
enclosures, naval records, and applicable statutes, regulations antl 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, Peti tioner exhausted all administrative remedies
available under existing law and regulations within the Department of the Navy.
b.
In correspondence attached as enclost~re (2), the oftice having cognizarice 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, and especially in light of the
contents of enclosure (2), the Board tinds the existence of an injustice warranting the
following corrective action.
RECOMMENDATION:
That Subject's naval record be corrected, where appropriate, to show that:
Docket No: 157-02
a. He executed a written request for conversion from spouse to former spouse SBP
i ~
coverage, at the same level as previously elected, n a 1 1 1 i n ~ z .
beneficiary. His request was received by cognizant authority and became effective 25
September 1990, the day following the date of divorce.
the
b. The request was in compliance with a court order.
c. Sergeant ~ajo-
died on 19 September 200 1 .
d. That a copy of this Report of Proceedings be tiled 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)) i t 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
GLALL
C;. L. ADAMS
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 Reconls (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.
9 April 2002
Executive Direct
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