DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
MEH:ddj
Docket No: 8346-01
9 April 2002
From
:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD---=
---^-‘-
~-
Ref: (a)
Title 10 U.S.C. 1552
Encl :
(1)
(2)
(3)
DD Form 149 w/attachments
NPC memorandum of 4 February 2001
Subject’s naval record
Pursuant to the provisions of reference (a), Subject hereinafter referred to as Petitioner,
1.
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 Mr.
Petitioner’s allegations of error and injustice on 9 April 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.
Mackey, Mr. Pauling, and Ms. McCormick, reviewed
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.
Petitioner was transferred to the Physical Disability Retired List (PDRL)
on 1 I
November 1993. He enrolled in SBP for spouse and child coverage at that time.
C.
Petitioner and his spouse
were divorced on 23 February 1996.
d.
Petitioner states that a number of different versions of the divorce decree were faxed
The version he provided to the Defense Finance
to him during the final weeks of litigation.
and Accounting Service (DFAS) did not contain a provision requiring him to maintain SBP
(Exhibit B). He states that it was
of the document.
“unbeknownst to him ” that this was not the correct version
e.
Exhibit A shows the correct version of the final divorce decree. It is identical to the
version Commander
states “Defendant will maintain the survivor benefit plan currently in effect.
rovided to DFAS with the exception of an added sentence that
”
f.
of the discrepancy and that as a result she had not been
It was more than a year after the divorce that Mrs.
ma
nd her attorney learned
the SBP beneficiary.
g.
In correspondence attached as enclosure
(2), the office having cognizance over the
’s application has recommended the Board not correct
subject matter addressed in Petitioner
Petitioner ’s record. This recommendation is based on the fact that Petitioner or his attorney
should have been aware of specific requirements contained in the divorce decree.
was informed of the discrepancy between the final divorce decree and the copy he provided
to DFAS subsequent to Mrs.
could have availed himself o
with former spouse coverage. He did not do so and took no further action until
the Board in November 2001.
I March
I9
iscovery in 1997 and prior to
open enrollment period and enrolled Mrs
Also, if he
peti
CONCLUSION
(2), the Board finds the existence of an injustice warranting the
Upon review and consideration of all the evidence of record, and notwithstanding the
recommendation of enclosure
requested corrective action. Although Petitioner bears some responsibility for this
unfortunate situation by failing to notice the discrepancy between the copies he received and
the final decree and also by not taking more timely action to correct the situation the Board
concluded that by his petition to the Board he is attempting to
Board further concluded that to not correct the record would be to deny
benefit that is rightfully hers as a matter of law and equity.
now rectify
m
Mrs.
Accordingly, the Board recommends the following corrective action:
RECOMMENDATION:
That Petitioner ’s naval record be corrected, where appropriate, to show that:
a. He submitted a written request for conversion
coverage, at the same level as previously elected,
beneficiary. His request was received by cognizant authority and became effective 22
February 1997, one year
from the date of divorce.
fr
namin
spouse SBP
the
b. His request was
SBP currently in effect.
made in compliance with a court order directing him to maintain the
Docket No: 8346-01
It is certified that quorum was present at the Board ’s review and deliberations, and that
4.
the foregoing is a true and complete record of the Board ’s proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
GL*h
G. L. ADAMS
Acting Recorder
5. The foregoing action of the Board is submitted for your
review and action
Reviewed and approved:
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