DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH:ddj
Docket No: 983-03
20 May 2003
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj
:
Ref: (a)
Title 10 U.S.C. 1552
Encl:
(1)
(2)
(3)
DD Form 149 w/attachments
Series of Documents and previous SECNAV Decisions
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 enrollment in the Survivor Benefit Plan (SBP) for spouse coverage.
2. The Board, consisting of Messrs. Exnicios, Pauling, and Zsalman, reviewed Petitioner
allegations of error and injustice on 20 May 2003 and, pursuant to its regulations, determined
that the corrective
record. Documentary material considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
actionlindicated below should be taken on the available evidence of
’s
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 transferred to the Fleet Reserve on 30 June 1994. He was not married but
had a dependent child and he enrolled in SBP for child only coverage.
C.
Petitioner married
n 3 1 March 2001. He states that when he
contacted the Defense Finance and Accountmg Service, Cleveland (DFAS) he was told he
had to wait a year.
b. Cases with similar situations have been presented and approved by both the Board
and the Assistant Secretary of the Navy.
correspondence attached as enclosure
merit and warrants favorable action.
After being apprised of this fact and reviewing the
(2), the present Board concludes that the request has
Docket No: 2023-03
CONCLUSION
Upon review and consideration of all the evidence of record,
contents of enclosure
(2), the Board finds the existence of an
following corrective action.
and especially in light of the
injustice warranting the
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
a. He executed a timely written request to add his new spouse
his child only SBP coverage. His request was received by cognizant authority and became
effective 30 March 2002, one year from the date of marriage.
to
b. Retroactive SBP costs will be recouped from Petitioner ’s retired pay account.
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
Recorder
G. L. ADAMS
Acting Recorder
Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures
5.
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.
20 May 2003
W. DEAN PFEIFFER
Executive Director
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