S
MEH: ddj
Docket No: 7459-02
5 November 2002
DEPARTMENTOFTHE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
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 7 October 2002
(3) Subject ’s naval record
1. Pursuant to the provisions of reference (a), Subject ’s former spouse, 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 Benefit Plan (SBP).
2. The Board, consisting of Messrs. Brezna, Kastner, and
allegations of error and injustice on 5 November
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.
2002 and, pursuant to its regulations,
McPartlin, 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.
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,
(2), the Board finds the existence of an
contents of enclosure
following corrective action.
and especially in light of
injustice warranting the
the
Docket No: 7459-02
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 22
December 1987, the day following the date of divorce.
b.
Petty Officer-died on 22 June 2002.
C. That a copy of this Report of Proceedings be filed in Petitioner
’s naval record.
Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
4.
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
I
L-w-Y
+z._&_..-
G. L. ADAMS
bq 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.
5 November 2002
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