MEH : ddj
Docket No: 10770-02
7 January 2003
DEPARTMENT OF THE NAVY
ARD FORCORRECTION OF NAVALRECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
From: Chairman, ‘Board
l5
Secretary of the
To:
Correction of Naval Records
Y
Ref:
Encl:
(a) Title 10
U.S.1
(1) DD Form 145
(2) Series of
Dot
nav;
(3) Subject’s
,/attachments
ents
ecord
provisj
1. Pursuant to the
filed enclosure (1) with thi
de&
corrected to show he
s of reference (a), Subject hereinafter referred to as Petitioner,
loard requesting, in effect, that the applicable naval record be
enrollment in the Survivor Benefit Plan (SBP).
2. The Board, consisting
Petitioner’s allegations of
t
regulations, determined
th:
available evidence of
recor
enclosures, naval records,
Mr. Beckett, Mr. Kim, and Ms. McCormick, reviewed
rr and injustice on 7 January 2003 and, pursuant to its
he corrective action indicated below should be taken on the
Documentary material considered by the Board consisted of the
I applicable statutes, regulations and policies.
re\
3. The Board, having
of error and injustice, find
ved all the facts of record pertaining to Petitioner’s allegations
s follows:
a. Before applying
tc
available under existing
la1
us Board, Petitioner exhausted all administrative remedies
nd regulations within the Department of the Navy.
b. In correspondence
subject matter addressed ir
request has merit and wan
tached as enclosure
ztitioner’s application has commented to the effect that the
s favorable action.
(2), the office having cognizance over the
CONCLUSION
Upon review and consider;
contents of enclosure
(2),
following corrective action
,n of all the evidence of record,
Board finds the existence of an
and especially in light of the
injustice warranting the
RECOMMENDATION:
That Petitioner ’s naval
reco:rd be corrected, where appropriate, to show that:
Docket No: 10770-02
a.
Prior to his 31 August 1999 transfer to the Fleet Reserve he declined enrollment in
SBP. His spouse provided written concurrence with his declination.
b. That a copy of this Report of Proceedings be filed in Petitioner ’s naval record.
4. Pursuant to Section
Records (32 Code of
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.
6(c) of the revised Procedures of the Board for Correction of Naval
Feder;_l Regulations, Section 723.6(c)) it is certified that quorum was
ROBERT D. ZSALMAN
Recorder
5. Pursuant to the
of the Board for
723.6(e)) and having assur
foregoing
the Board on behalf of the
.
. F!?Fe
Acting Recorder
n of authority set out in Section 6(e) of the revised Procedures
Naval Records (32 Code of Federal Regulations, Section
compliance with its provisions, it is hereby announced that the
under the authority of reference (a), has been approved by
ecretary of the Navy.
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