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NAVY | BCNR | CY2002 | 05723-02
Original file (05723-02.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: 5723-02
4 September 2002

From:
To:

Chairman, Board for Correction of Naval Records
Secretary of the Navy

Ref: (a)

Title 10 U.S.C. 1552

Encl:

(1) DD Form 149 w/attachments
(2) NPC memorandum of 31 July 2002
(3) 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).

2. The Board, consisting of Messrs. Brezna, Milner, and Neuschafer, reviewed Petitioner
allegations of error and injustice on 4 September 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 policies.

’s

3. The Board, having reviewed all the facts of record pertaining to Petitioner
of error and injustice, finds as follows:

’s allegations

a. Before applying to this Board, Petitioner exhausted all administrative remedies

available under existing law and regulations within the Department of the Navy.

In correspondence attached as enclosure  

(2), the office having cognizance over the

b.

subject matter addressed in 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,
(2), the Board finds the existence of an
contents of enclosure  
following corrective action.

and especially in light of the
injustice warranting the

Docket No: 5723-02

RECOMMENDATION:

That Subject’s naval record be corrected, where appropriate, to show that:

a. He executed a written request for conversion from spouse to former spouse SBP
as the

coverage, at the same level as previously elected, naming
beneficiary. His request was received by cognizant authority and became effective 6
December 1990, the day following the date of divorce.

b. The request was in compliance with a court order.

C. Commande

ied on 2 May 2002.

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 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

%-,J---
G. L. ADAMS
Acting Recorder

Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures

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.

4 September 2002

Executive Direct



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