Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 08054-02
Original file (08054-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
OARD FOR CORRECTION OF NAVAL RECORDS

NAVY 

ANNEX

2 

WASHINGTON DC 20370-5100

MEH: ddj
Docket No: 8054-02
17 December 2002

This is in reference to
record pursuant to the

for correction of your deceased former spouse’s naval

10 of the United States Code, section 1552.

A three-member panel of th Board for Correction of Naval Records, sitting in executive
December 2002. Your allegations of error and
session, considered
injustice were reviewed
to the proceedings of this
your application, together
naval record and
the advisory opinion fumis
attached.

regulations and procedures applicable
ard. Documentary material considered by the Board consisted of
submitted in support thereof, your former spouse ’s
In addition, the Board considered
by NPC memorandum of 20 November 2002, a copy of which is

After careful and
evidence submitted was
injustice. In this 
the advisory opinion.
the members of

connectio

consideration of the entire record, the Board found that the
to establish the existence of probable material error or

the Board substantially concurred with the comments contained in

your application has been denied. The names and votes of

circu stances of your case are such that favorable action cannot be taken.

its decision upon submission of new and material
by the Board. In this regard, it is important
ption of regularity attaches to all official records. Consequently,

of an official naval record, the burden is on the applicant to

It is regretted that the 
You are entitled

demonstrate the existence o

Enclosure

Sincerely,

W. DEAN PFEIFFER
Executive Director

EPARTMENT OF THE

NAVY PERSONNEL COMMAND

5720 INTEGRITY DRIVE

MILLINGTON  TN 38055-0000

 

NAfl

20 Nov 0

2

Via:

Assistant fo

Bcm Matters 

(PERS-OOZCB)

Subj:

COMMENTS

Ref:

(a) BCNR mem

In 

resp_onse  to

1 .
Chief Petty Officer
voluntarily change
(SBP)  from spouse t
year of his
divorce

of 27 Sep 02

ference (a),

P

recommend the BCNR not correct

record to reflect that he

former

ction  under the Survivor Benefit Plan
spouse category coverage within one

2.

The recommendat

n is based on the following:

a.

Chief Pett

Reserve on 1
coverage on 6 Septe

Februa

b.

Chief Petty

were divorced on 24
died 18 June 2002.

C .

Title 10, U
participan

that SBP 
desire to maintain
must specifically e
date of divorce. I
year period, the De
(DFAS -CL ) will auto
deductions upon 

ret

transferred to the Fleet

He enrolled in SBP spouse category

Officer
July 1978.

and,

Chief Petty Officer 

_

(31,  requires

tited  States Code, Section 1448(b) 
.s with spouse coverage who become divorced and
.heir  former spouses as their beneficiaries
ect such coverage within one year after the
nothing is done before the end of that one
'ense Finance and Accounting Service-Cleveland
latically  terminate coverage and premium
living  information regarding their divorce.

Subj:

COMMENTS AND RECOMME
USN(RET.)  ( DECEASED ),

3.
pro
specifically required or desired to provide SBP coverage for her
as his former spouse.

did not provide sufficient evidence (i.e.
d:_vorce  decree) that Chie

was

Program Manger
Survivor Benefit Plan
Retired Activities and GI Bill
Programs Branch (PERS-664)

2



Similar Decisions

  • NAVY | BCNR | CY2001 | 02812-01

    Original file (02812-01.pdf) Auto-classification: Denied

    ’s naval record A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2001. were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. opinion furnished by NPC memorandum of 7 September 2001, a copy of which is attached. Senior Chief Petty Officer voluntarily changed his election under the Survivor Benefit Plan (SBP) from spouse to former spouse...

  • NAVY | BCNR | CY2004 | 01807-04

    Original file (01807-04.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 MEH:ddj Docket No: 1807-04 11 May 2004 This is in reference to your application for correction of your deceased spouse’s naval record pursuant to the provisions of title 10 of the United States Code, section 1552 . A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 May 2004. In addition, the Board considered the...

  • NAVY | BCNR | CY2002 | 07794-02

    Original file (07794-02.pdf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your former spouse naval record and applicable statutes, regulations and policies. ’s In addition, the Board considered After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. letter from DFAS-CL dated 14 June 1999 which...

  • NAVY | BCNR | CY2004 | 01778-04

    Original file (01778-04.rtf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 May 2004. In addition, the Board considered the advisory opinion furnished by NPC memorandum of 6 April 2004, a copy of which is attached.After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. In response to reference (a)...

  • NAVY | BCNR | CY2009 | 10798-09

    Original file (10798-09.pdf) Auto-classification: Denied

    Your application seeks a change to your - deceased former husband's records to entitle you to benefits under the Survivor Benefit, Plan (SBP) . Upon his transfer, - he elected enrollment in the SBP in the “spouse” category of coverage. Upon his death, Linda became the SBP annuitant of record based on her status as the “spouse beneficiary.” You have, understandably, petitioned this Board to change the: record to show that you are entitled to a portion of your former husband's Docket No.

  • NAVY | BCNR | CY2002 | 00978-01

    Original file (00978-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 March 2001. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your former spouse’s naval record and applicable statutes, regulations and policies. Code, Section 1448(b)(3), requires that SBP spouse coverage who become divorced and desire former spouses as their beneficiaries...

  • NAVY | BCNR | CY2001 | 08438-01

    Original file (08438-01.pdf) Auto-classification: Denied

    When you were divorced in November 1999 the court ordered you to furnish your former spouse with SBP coverage. In response to reference (a), recommend the BCNR not correct Petty Officer -record changed his election under the Survivor Benefit Plan (SBP) from spouse to former spouse coverage category within one year of his divorce. Additionally, a member who refuses coverage for an eligible spouse in favor of children only category is prohibited from electing spouse coverage at a later date...

  • NAVY | BCNR | CY2011 | 01116-11

    Original file (01116-11.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5109 BAN Docket No. Pursuant to the provisions of reference (a) Petitioner filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show Subject submitted a timely written request for conversion from spouse to former spouse coverage under the Survivor Benefit Plan (SBP) electing as the sole beneficiary. In February 2011, Petitioner applied to BCNR...

  • NAVY | BCNR | CY2013 | NR1465-13

    Original file (NR1465-13.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD =OR CORRECTION OF NAVAL RECORDS 701 §. d. Subject never remarried, never paid any SBP premiums e. In duly 2012, Petitioner applied to BCNR to correct her deceased former spouse’s record to show that he elected “former spouse” coverage within one year of his divorce, enclosure (1). Petitioner stated that she believed that the former spouse SBP election was made within one year of their divorce when her divorce attorney submitted a copy of the divorce decree to...

  • NAVY | BCNR | CY2001 | 05755-01

    Original file (05755-01.pdf) Auto-classification: Denied

    the advisory opinion furnished by NPC memorandum of 1 October 2001, a copy of which is attached. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Title 10, U.S. Code, Section 1448(b)(3), requires that SBP spouse coverage who become divorced and desire former spouses as their beneficiaries must participants with to maintain their specifically elect such coverage...