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NAVY | BCNR | CY2002 | 07753-02
Original file (07753-02.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 20370-5100
                  MEH:ecb
                  Docket No: 7753-02
                  5 August 2003

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy

Subj:

Ref:     (a) Title 10 U.S.C. 1552

End: (1) DD Form 149 w/attachments
(2)      CNRF ltr 5420 Ser N 12/112 of 3 Jul 2003
(3)      Subject’s naval record

1. Pursuant to the provisions of reference (a), Subject’s widow, hereinafter referred to as
Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval
record be corrected to show transfer to the Retired Reserve and enrollment in the Reserve
Component Survivor Benefit Plan (RCSBP).

2. The Board, consisting of Mr. McPartlin, Mr. Pfeiffer, and Ms. McCormick, reviewed Petitioner’s allegations of error and injustice on 5 August 2003 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.

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

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 (2), the Board finds the existence of an injustice warranting the following corrective action.



Docket No: 7753-02

RECOMMENDATION:

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

a.       He was transferred to the Retired Reserve on 1 November 1993 retired pay at age 60, and he enrolled in RCSBP for spouse coverage the full base amount, Option C.
        
         b.       Petty Office XXXX        died on 11 November 1993.

c.       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                                                     G. L. ADAMS
Recorder                                                                        Acting Recorder





5.       Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures 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 August 2003



                                             W. DEAN PFEIFFER
                                             Executive Director

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