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NAVY | BCNR | CY2004 | 04282-04
Original file (04282-04.rtf) Auto-classification: Approved
                                    DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
 WASHINGTON DC 20370-5100

         MEH:mh
 Docket No: 4282-04
27 July 2004

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref:     (a) Title 10 U.S.C. 1552
End : (1) DD Form 149 w/attachments
 (2) CMC memorandum 1741 MMSR-6J of 29 June 2004
 (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 he declined enrollment in the Survivor Benefit Plan (SBP).
2.       The Board, consisting of Mr. Geisler, Mr. Nicholson, and Ms. Gilbert reviewed Petitioner’s allegations of error and injustice on 27 July 2004 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. 4282-04

RECOMMENDATION:

That Subject’s naval record be corrected, where appropriate, to show that:

 a.       Prior to his 30 September 2002 retirement he declined enrollment in SBP. His spouse provided written concurrence with his decision.
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.

 27 July 2004
W. DEAN PFIEFFER
Executive Director

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