DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH:ddj
Docket No: 501-02
19 March 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/attachments
(2) CMC memorandum 1760 MMSR-6J of 22 February 2002
(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 he is still enrolled in the Retired Serviceman
’s Family Protection Plan
(RSFPP).
2. The Board, consisting of Mr. Kastner, Mr. Pfeiffer, and Ms. Gilbert, reviewed
Petitioner’s allegations of error and injustice on 19 March 2002 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
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.
In correspondence attached as enclosure
(2), the office having cognizance over the
b.
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
(2), the Board finds the existence of an injustice warranting the
contents of enclosure
following corrective action.
the
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
Docket No: 501-02
a. His June 2001 written request for withdrawal from the RSFPP is null and void. His
coverage is reinstated, effective 1 January 2002 (date of withdrawal), with the same options
and beneficiary as previously elected. Master Sergeant-as under
that he would be refunded the premiums that he had paid into the plan.
with acute myeloid leukemia, and thought by withdrawing from RSFPP he would be better
able to provide for his spouse.
the_m$a$.en belie
He is 76 years old,
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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
. $?? %e -
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.
19 March 2002
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