Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 01511-02
Original file (01511-02.pdf) Auto-classification: Approved
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



Similar Decisions

  • NAVY | BCNR | CY2002 | 05676-02

    Original file (05676-02.pdf) Auto-classification: Approved

    1552 Encl: (1) (2) (3) DD Form 149 w/attachments NPC memorandum of 8 August 2002 Subject’s naval record Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, 1. filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show timely written request for conversion from spouse to former spouse coverage under the Survivor Benefit Plan (SBP). e. In September 1996 the Defense Finance and Accounting Service...

  • NAVY | BCNR | CY2002 | 09119-02

    Original file (09119-02.pdf) Auto-classification: Approved

    1552 Encl: (1) (2) (3) DD Form 149 w/attachments Series of Documents Subject’s naval record Pursuant to the provisions of reference (a), Subject ’s former spouse, hereinafter referred 1. to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show timely written request for conversion from spouse to former spouse coverage under the Survivor Benefit Plan (SBP). He executed a written request for conversion from spouse to...

  • NAVY | BCNR | CY2002 | 08346-01

    Original file (08346-01.pdf) Auto-classification: Approved

    1552 Encl : (1) (2) (3) DD Form 149 w/attachments NPC memorandum of 4 February 2001 Subject’s naval record Pursuant to the provisions of reference (a), Subject hereinafter referred to as Petitioner, 1. filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show timely written request for conversion from spouse to former spouse coverage under the Survivor Benefit Plan (SBP). Accordingly, the Board recommends the following corrective...

  • NAVY | BCNR | CY2009 | 09561-09

    Original file (09561-09.pdf) Auto-classification: Approved

    09561-09 19 March 2010 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) Title 10 U.S.C. The Board, consisting of Messrs. Pfeiffer, Zsalman, and George, reviewed Petitioner’s allegations of error and injustice on 22 February 2010 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. * However, neither ae ::: Petitioner took the...

  • NAVY | BCNR | CY2002 | 04612-02

    Original file (04612-02.pdf) Auto-classification: Approved

    1552 Encl: (1) (2) (3) DD Form 149 w/attachments NPC memorandum of 26 July 2002 Subject’s naval record Pursuant to the provisions of reference (a), Subject 1. to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show timely written request for conversion from spouse to former spouse coverage under the Survivor Benefit Plan (SBP). The Board, consisting of Mr. Petitioner’s allegations of error and injustice on 20 August...

  • NAVY | BCNR | CY2010 | 02519-10

    Original file (02519-10.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BAN Docket No. 02519-10 7 October 2010 From: Chairman, Board for Correction of Naval Records Tee: Secretary of the Navy Ret: (a) Teble LO USC. L552 Encl: (1) DD Form 149 w/attachments (2) Headquarters United States Marine Corps (HQMC) memo 1760 MMSR-6K of 16 Apr 10 (3) Headquarters United States Marine Corps (HOMC) memo 1760 MMSR-6K of 25 Jun 10 (4) Enai2 pv;

  • NAVY | BCNR | CY2014 | NR11046 14

    Original file (NR11046 14.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a) Petitioner filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show Petitioner submitted a timely written request to change his Survivor Benefit Plan (SBP) category of coverage from “former spouse” to “spouse” coverage, before his “former spouse’s" death. b. , (Petitioner), and were marriea on 17 July 1960, enclosure (3) and divorced on 11 May 1976, enclosure (4). g. On 2 October 2013, DFAS...

  • NAVY | BCNR | CY2013 | NR6055 13

    Original file (NR6055 13.pdf) Auto-classification: Approved

    In May 2013, Petitioner a _— my applied deceased former spouse's to BCNR re ing to correct her " |g record to show that he elected former spouse coverage within one year of his divorce, pursuant to a divorce decree, enclosure (1). to DFAS requesting former spouse SBP coverage within one year of their divorce, as required by law. Although the Board recognized that Petitioner, at that time, did not submit a deemed election within one year from the date of divorce as required by law, the...

  • NAVY | BCNR | CY2008 | 11995-08

    Original file (11995-08.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a) Subject’s former spouse, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable ‘naval record be corrected to show that after his divorce from eile December 2006, Subject submitted a written request changing his Survivor Benefit Plan (SBP) beneficiary election from “spouse” to “former spouse.” 2. & 1450(£) (3) to change the 1 Under the rules governing SBP, when a person with suspended...

  • NAVY | BCNR | CY2002 | 07459-02

    Original file (07459-02.pdf) Auto-classification: Approved

    S MEH: ddj Docket No: 7459-02 5 November 2002 DEPARTMENTOFTHE NAV Y BOARD FOR CORRECTION OF NAVAL RECORD NAVY ANNEX 2 WASHINGTON DC 20370-510 0 From To: : Chairman, Board for Correction of Naval Records Secretary of the Navy Ref: (a) Title 10 U.S.C. Pursuant to the provisions of reference (a), Subject ’s former spouse, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show timely written request...