DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH:ddj
Docket No:
14
2
.l~lllr 200
15
1
l-02
Roard
for
(‘orrection
ot‘ Naval Records
C~llair~llan,
Secretary of
the Navy
REVIEW OF NAVAL RECORD
(a)
10
I1.S.C’.
1552
~or111
I49
M~/attacllments
( 1) DD
CfbI(’
(2)
(3)
Illelllor-;lllcl~rl~l 174
rccortl
S1hject’s naval
1
MMSK-6 of
x May 2002
From:
‘I-0:
Kd-:
Encl :
the provisions
Pursuant to
eiiclos~ii-e (1) with this Board requesting,
timely written request for
I.
filed
corrected to show
coverage
Sul>_iect hereinafter
in effect, that
rviifI (SRI ’).
of reference (a),
the Survivor
Benefit
the
t‘ronl
co~lversio~l
i~iitler
retei-wtl to as Petitioner.
be
al~l~lical~le naval record
spouse
t‘ornler
spouse to
7
Messrs.
hard, consisting of
L. The
allegations of error
that the corrective action
record. Documentary material considered
records,
al~plicablc statutes,
and injustice
intlic~~tetl below
on 29 May 2002
slioultl
the
regiilations and policies.
Hague,
(:ooper,
and
by
;mcl
Milner, reviewed
I’elitioner‘s
and, pursuant
he
taken 011 the
Board consisted
try its regulations. determined
available
of‘ the enclosures. naval
evidence
nt
3. The Board, having reviewed all the
of error
iIi_jiistice, finds as follows:
and
facts of record
pertainin
g to Petitioner ’s allegations
a. Before applying to this
Road, Petitioner exhausted all administrative remedies
available under existing law and regulations within the Department of the Navy.
b.
Petitioner enrolled in
SBP
for spouse coverage
upon
his retirement
s~~l~~eq~~ently divorced
on 1
011
Sel~tembel
I4 March
were
1993. He and his
1997.
spume
C. Major
General
spouse remain the beneficiary of the
not take the proper actions to effect
within one year of
the divorce.
tates in
his petition that
SBP. It was only through
the change
from
he fully intended
his former
rnislrntlerstantlill~ that
spouse coverage
spoi~se to former
he did
d.
Petitioner
has continued to pay the monthly
SBP premiums, assuming
that
his
former spouse would still receive
the benefits.
Docket No: 1267-02
e.
In correspondence attached as enclosure
(2), the office having cognizance over the
subject matter addressed in Petitioner ’s application has
request has merit and warrants favorable action.
comniented to the effect that the
CONCLI_JSION
LJpon review and consideration of all the evidence of record,
contents of enclosure
following corrective action.
(2), the Board finds the existence of an injustice warranting the
and especially in light of the
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
a. He
executecl a written request for conversion from spouse to former spouse SBP
as the
the
ffective
previsoulsy elected,
same level as
namin
coverage, at
beneficary. The request was received by the appropriate
March 1997, the day
following the
date of his divorce.
15
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
GC+&&&C-
G. L. ADAMS
Acting Recorder
5. The foregoing action of the Board is submitted for your review and action.
Reviewed and approved:
William A. Nava
ASN(
M&RA)
s
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