DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
MEH:ddj
Docket No: 5848-02
29 October 2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Ref:
Encl:
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) CMC memorandum 1760 MMSR-6J of 3 October 2002
(3) Subject ’s naval record
1.
Pursuant to the provisions of reference (a), Subject hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected to show that he declined enrollment in the Survivor Benefit Plan (SBP) prior to his
transfer to the Temporary Disability Retired List (TDRL).
2. The Board, consisting of Messrs. Exnicios, Harrison, and Pfeiffer, reviewed Petitioner
2002 and, pursuant to its regulations,
allegations of error and injustice on 29 October
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.
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 and consideration of all the evidence of record, and especially in light of the
contents of enclosure
following corrective action.
(2), the Board finds the existence of an injustice warranting the
Docket No: 5848-02
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
a. He declined enrollment in SBP prior to his 1 November 1997 transfer to the TDRL.
His spouse provided written concurrence with his request.
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
&h - JLLq
’
t_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.
29 October 2002
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