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NAVY | BCNR | CY2002 | 01461-02
Original file (01461-02.pdf) Auto-classification: Approved
D E P A R T M E N T O F  THE  NAVY 

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  00 

MEH:ddj 
Docket  No:  1461-02 
30  April  2002 

From:  Chairman,  Board  for Correction of  Naval  Records 
To: 

Secretary of  the  Navy 

Ref: 

(a)  Title  10 1J.S.C.  1552 

Encl: 

( 1 )   DD  Form  149 w/attachments 
(2)  NPC  memorandum  of  1  April  2002 
(3)  Subject's  naval  record 

I .   Pursuant  to  the  provisions of  reference (a), Subject  hereinafter  referred  to  as  Petitioner, 
tiled  enclosure  (1)  with  this  Board  requesting,  in  effect, that  the  applicable naval  record  be 
corrected  to  show  lie declined  Survivor  Benefit  Plan  (SBP) spouse coverage when  lie 
remarried. 

2.  The Board, consisting of  Messrs.  Bishop,  Cooper, and  Milner,  reviewed  Petitioner's 
allegations of  error  and  illjustice on  30  April  2002  and,  pitrsuant  to  its regulations, 
deterriiined 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's  allegations 
of  error  and  injustice,  finds as  follows: 

a.  Before applying to  this  Board,  Petitioner exliaustecl  all  ,~rlininistrative reniedies 

available under existing law  and  regulations within  the  Depart~nenr of  the  Navy. 

b. 

In  correspondence attached as enclosure (2), the  office having  cognizance over  the 

subject  ~iiatter addressed  i n   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  i~ijustice warranting the 
following corrective  action. 

RECOMMENDATION: 

'That  Petitioner's  naval  record  he  corrected,  where  appropriate, to  sl~ow that: 

Docket  No:  1461-02 

a.  When  he  m a

e d o n  24  September  1981 hc  reqilested  his  suslxnded 
SBP spouse coverage not be  resu~ned ( C o l n l n a n d e r ~ i r s t  spouse  died  on  25  November 
1975).  He  was  enrolled  without  knowledge  of  his option  to decline the  coverage  and  the 
associated  debt  should  be  null  and  void. 

i

r

r

b.  That  a  copy  of  this  Report  of  I'roceeciings  be  tiled  in  Petitioner's  naval  record. 

4.  Pursuant  to  Section  6(c) of  the  revised  Proceclures 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  tleliherations,  antl  that  the  foregoing  is a  true  antl  complete 
record  of  the  Board's  proceedings  in  the above entitled  matter. 

ROBERT  D.  ZSALMAN 
Recorder 

GL-&&-L 
G .  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  Kecords  (32 Code of  Federal  Regulations, Section 
723.6(e)) and  having  assured  compliance with  its provisions,  i t   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. 

30 April  2002 



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