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NAVY | BCNR | CY2004 | 06098-04
Original file (06098-04.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: 6098-04
3 August 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)      NPC memorandum of 27 July 2004
(3)      Subject’s naval record

1. Pursuant to the provisions of reference (a) Subject’s widow, hereinafter referred to as
Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show he terminated his Survivor Benefit Plan (SBP) coverage effective 1 November 1983

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 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 statistic records pertaining to petitioners 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: 6098-04

RECOMMENDATION:

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

 a.       He terminated his SBP spouse coverage effective 1 November 1983, 10 years after being continuously rated totally disabled by the Department of Veteran’s Affairs (VA). 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.

 3 August 2004

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