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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