DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL
RECOkDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH: ddj
Docket No: 7041-02
13 November 2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Ref:
Encl :
7~‘--
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) NPC memorandum of 7 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 enrollment in the Survivor Benefit Plan (SBP) for spouse coverage.
2. The Board, consisting of Mr.
allegations of error and injustice on 13 November 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.
Mimer, Mr. Pfeiffer, and Ms. Hare, reviewed Petitioner
’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,
contents of enclosure
(2), the Board finds the existence of an
following corrective action.
and especially in light of the
injustice warranting the
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
Docket No: 7041-02
a.
Prior to his 1 April 1990 transfer to the Retired List he elected enrollment in SBP
for spouse coverage, at the full base amount, nami
as the beneficiary.
b. The NAVCOMPT FORM 2272 executed by Petitioner on 13 February 1990,
declining SBP, is invalid.
C.
Past due premiums will be recouped.
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
-
%Q
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.
13 November 2002
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