DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
MEH:ddj
Docket No:
16 October 200 1
5099-01
From: Chairman, Board for
To:
Secretary of the Navy
(
:orrection of Nava
.I
Records
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”
--^
‘”
“..
“_,._
Ref:
Encl :
(a) Title 10 U.S.C.
1552
(I) DD Form 149 w/attachments
(2) NPC memorandum
(3) Subject ’s naval record
1830
Pus
X23 Ser 167
of 13 September 200
1
Pursuant to the provisions of reference (a), Subject ’s widow, hereinafter referred to as
in effect, that the applicable naval
1.
Petitioner, filed enclosure (1) with this
record be corrected to show transfer
Temporary Early Retirement Authority (TERA), vice discharge with medical severance pay,
and further corrected to show enrollment in the Survivor Benefit Plan (SBP).
to the Fleet Reserve via the provisions of the
kurti requesting,
2. The Board, consisting of Mr.
Petitioner’s allegations of err-or
regulations, determined that
available evidence of record.
enclosures, naval records,
~mcl
Kastner, Mr.
inj\lstice on
McPartlin,
I6 October 2001 and, pursuant to its
and Ms. McCormick, reviewed
the corrective action indicated below
I)ocument;try material considered by the Board consisted of the
si~ouid be taken on the
and applicable statutes,
regulalions and policies.
3. The Board, having reviewed all the facts of record pertaining to Petitioner
of error
an? injustice, finds as follows:
’s allegations
a. Before applying to this Board, Petitioner exhausted ail
adnlinistrative remedies
available under existing law and regulations within the Department of the Navy.
b.
In correspondence attached as enclosure
(2), the office having cognizance over the
subject matter addressed in Petitioner ’s application has commented to the effect that the
request has merit and warrants favorable action.
CONCLUSION
Upon review
contents of enclosure
following corrective action.
and consideration of ‘ ail the evidence of record,
(2), the Board finds the existence of an
and especially in light of
il?justice warranting the
the
RECOMMENDATION:
That Subject’s naval record be corrected, where appropriate, to show that:
Docket No: 5099-01
a. On 12 August 1994 he was transferred to the Fleet Reserve under the provisions of
TERA, vice discharged with medical severance pay.
for spouse and child coverage, at the full base amount,
*and
_.(daughters) as the beneficiaries.
At this time he elected to enroll in SBP
natnin~spouse) and
b. The medical severance pay will be recouped from
Mrs.-and SBP premiums
Ofticer-retainer pay since transferring to
that would have been deducted from Petty
the Fleet Reserve will be deducted from
Mrs.-future benefits.
C.
Petty
Offic
ied
011 26 January 1996.
d. That a copy of this Report of Proceedings be filed in Petitioner ’s naval record.
Pursuant to Section 6(c) of the revised
4.
Procecllrres 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
record of the Board ’s proceedings in the above entitled matter.
and deliberations, and that the foregoing is a
true and complete
ROBERT D. ZSALMAN
Recorder
a-ah-
G. L. ADAMS
Acting Recorder
Pursuant to the delegation of authority set
5.
of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section
723.6(e)) and having assured compliance with its provisions, it 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.
out in Section 6(e) of the revised Procedures
16 October 2001
Executive
Direct0
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