DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 MEH:ddj
Docket No: 9904-02
4 February 2003
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
End: (1) DD Form 149 w/attachments
(2) CMC memorandum 1760 MMSR-6J of 6 January 2003
(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 timely
written request for spouse coverage under the Survivor Benefit Plan
(SBP).
2. The Board, consisting of Messrs. Beckett, Brezna, and Pfeiffer, reviewed
Petitioner’s allegations of error and injustice on 4 February 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: 9904-02
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show
that:
a. He executed a written request for enrollment in SBP for spouse
coverage, naming as the beneficiary. His request was received
by cognizant authority and
became effective 9 November 2000, one year from the date of marriage.
b. 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.
4 February 2003
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