DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL
2 NAV Y ANNE X
Y
RECORD
S
WASHINGTON DC 20370-510
0
meh: MH
Docket No: 13 17-02
17 September 2002
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj
:
Ref:
Encl:
(4
(1)
(2)
(3)
Title 10 U.S.C. 1552
DD Form 149 w/attachments
CMC memorandum 1741 MMSR-6J of 22 April 2002
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 declined enrollment in the Survivor Benefit Plan (SBP).
2. The Board, consisting of Mr. Beckett, Ms. McCormick, and Ms. Nofziger, reviewed
Petitioner’s allegations of error and injustice on 17 September 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.
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: 13 17-02
a.
Prior to his 31 January 2000 transfer to the Fleet Reserve he declined enrollment in
SBP. His spouse provided the necessary written concurrence with his decision.
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
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
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.
Records (32 Code of Federal Regulations, Section
17 September 2002
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