DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
MEH:ddj
Docket No:
23 April 2002
165-02
From
To:
: Chairman, Board for Correction of Naval Records
Secretary of the Navy
Ref: (a)
Title 10 U.S.C.
1552
Encl :
(1)
(2)
(3
DD Form 149 w/attachments
CMC memorandum 1760
Subject’s naval record
MMSR-6J of
15 March 2002
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 naval record be
corrected to show enrollment in the Survivor Benefit Plan (SBP) for child
only coverage.
The Board, consisting of Mr.
3
on 23 April 2002 and, pursuant to its
ktitioner’s allegations of error and injustice
regulations, determined that the corrective action indicated below should be taken
available evidence of record. Documentary material considered by the Board consisted of the
enclosures, naval records, and applicable statutes, regulations and policies.
McPartlin, Ms. Nofziger, and Ms.
Suiter, reviewed
on the
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), 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, and especially in light of the
contents of enclosure
following corrective action.
(2), the Board finds the existence of an injustice warranting the
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
Docket No:
165-02
a.
only SBP coverage.
Prior to his 1 January 2001 retirement he elected child
Sergeant?--4k_attetnpted to enroll his
son under the Insurable Interest category.
Gunnery
However, this was an invalid election as he was still married. He was automatically enrolled
for spouse and child coverage. He was divorced on 29 August 2001.
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
record of the Board ’s proceedings in the above entitled matter.
foregoin g is a true and complete
ROBERT D. ZSALMAN
Recorder
G. L. ADAMS
Acting Recorde
r
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
the Board on behalf of the Secretary of the Navy.
been approved by
23 April 2002
Executive Dire
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