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NAVY | BCNR | CY2004 | 04473-04
Original file (04473-04.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: 4473-04
                                    3 August 2004
                  From: Chairman, Board for Correction of Naval Records Secretary of the Navy

To:

         Ref:     (a) Title 10 U.S.C. 1552


         End:     (1) DD Form 149 w/attachments
                  (2)
NPC memorandum of 15 July 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 enrolled in the Survivor Benefit Plan (SBP) for spouse and child coverage, vice child only.

2. The Board, consisting of Mr. Neuschafer, Mr. Pfeiffer, and Ms. Prevatt reviewed Petitioner’s allegations of error and injustice on 3 August 2004 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the avialable 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 Petitioners allegations ol 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: 4473-04


RECOMMENDATION:

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

a.       On 1 August 1992 he enrolled in SBP for spouse and child coverage, vice child only, at
the full base amount, namin g      as the spouse beneficiary.

b.       Appropriate adjustments will be made to Petitioner’s account for the past due premiums.

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.        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.

3 August 2004

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