DEPARTMENT OF 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 0 0
MEH:yrj
Docket No: 3960-02
18 June 2002
From:
To:
Chairliian, Board for Correction of Naval Records
Secretary of the Navy
Subj :
ΒΆ
R E V ~ E W OF N A V A L RECORD
Ref:
(a) Title 10 0.S.C. 1552
Encl:
( 1 ) DD Form 149 wlattachments
(2) NPC memo 22 May 2002
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Su[!ject's
former spoitse, 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 for conversion from spouse to
former spouse coverage under the Survivor lknefit Plan (SRP).
2. The Board, consisting of Mr. McF'artlin, Mr. Milner, and Ms. Hare, reviewed
Petitioner's allegations of error and illjustice on 18 June 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.l~olicies.
3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations
of error and ilijustice, finds as follows:
a. Before applying to this Board, Petitioner exhausted all adlninistrative retiledies
available under existing law and regulations within the Department of the Navy.
b.
I n correspondence attached as enclosure (2), the office having cognizance over the
subject tilatter addressed in Petitioner's application has com~nentetl to the effect that the
request Iias 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 finds the existence of an injustice warranting the
following corrective action.
Docket No: 3960-02
RECOM hl ENDATION:
That Sul!ject's naval record be corrected, wliere appropriate, to show that:
a. He executed a written request for conversion
coverage, at the same level as previoi~sly elected, naming
beneficiary. His request was received by cognizant autliority anti became ertective 23
January 1993, the day following the date of divorce.
as the
b. The request nlas in co~npliance with a court order
c . Captain Johnston died on 14 Airgust 2001.
d . That a copy of this Report of Proceedings be filed in Petitioner's naval record.
4. Pursuant to Section 6(c) of the revised Procedilres of tlie Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) it is certitietl that quorum was
present at the Board's review and deliberations, and that tlie foregoing is a true and complete
record of the Board's proceedings in the alwve entitled ~niitler.
ROBERT D. ZSALMAN
Recorder
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 Records (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 tlie authority of reference (a), has been approved by
the Board on behalf of the Secretary of the Navy.
18 June 2002
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