Search Decisions

Decision Text

NAVY | BCNR | CY2004 | 09360-04
Original file (09360-04.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
                                                                                                   Docket No. 9360-04
                                                                                                   15 March 2005


 From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:
 REVIEW OF NAVAL RECORD
Ref:     (a) Title 10 U.S.C. 1552
En d:     (1) DD Form 149 w/attachment
(2)      NPC memorandum of 1 March 2005
(3)      Subject’s naval record
1.       Pursuant to the provisions of reference (a) Subject’s former spouse, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show timely written request for conversion from spouse to former spouse coverage under the Survivor Benefit Plan
 (SBP).
2.       T he Board, consisting of Mr. Agre sti, Mr. Dawson, and Ms. Hurnberd, reviewed Petitioner’s allegations of error and injustice on 15 March 2005 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.








RECOMMENDATION:

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

 a.       He executed a written request for conversion from spouse to former spouse SBP coverage, at the same level as previously elected, naming as the beneficiary. The request was received by cognizant authority and became effective 8 April 1999, the day following the date of divorce.
b.       The request was in compliance with a court order.
c.       A copy of this Report of Proceedings will 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        WIL LLIAM H ES S, III
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.
15 March 2005


W. DEAN PFIEFFER
Executive Director

Similar Decisions

  • NAVY | BCNR | CY2005 | 00340-05

    Original file (00340-05.rtf) Auto-classification: Approved

    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 written request for conversion from spouse to former spouse coverage under the Survivor Benefit Plan (SBP).2. The Board, consisting of Mr. Agresti, Mr. Dawson, and Ms. Humberd, reviewed Petitioner’s allegations of error and injustice on 15 March 2005 and, pursuant to its...

  • NAVY | BCNR | CY2005 | 00827-05

    Original file (00827-05.rtf) Auto-classification: Approved

    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 written request for conversion from spouse to former spouse coverage under the Survivor Benefit Plan (SBP).2. The Board, consisting of Mr. Agresti, Mr. Dawson, and Ms. Hurnberd, reviewed Petitioner’s allegations of error and injustice on 15 March 2005 and, pursuant to its...

  • NAVY | BCNR | CY2005 | 06219-05

    Original file (06219-05.doc) Auto-classification: Approved

    Pursuant to the provisions of reference (a) Subject’s former spouse, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show timely written request for conversion from spouse to former spouse coverage under the Survivor Benefit Plan (SBP). The Board, consisting of Messrs. ~UU~IUI~~IUI previewed Petitioner’s allegations of error and injustice on 4 October 2005 and, pursuant to its regulations,...

  • NAVY | BCNR | CY2005 | 07103-05

    Original file (07103-05.doc) Auto-classification: Approved

    7103-05 4 October 2005 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) Title 10 U.S.C. Pursuant to the provisions of reference (a) Subject’s former spouse, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show timely written request for conversion from spouse to former spouse coverage under the Survivor Benefit...

  • NAVY | BCNR | CY2005 | 06428-05

    Original file (06428-05.doc) Auto-classification: Approved

    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 written request for conversion from spouse to former spouse coverage under the Survivor Benefit Plan (SBP). The Board, consisting of Messrs. 4U~I~fIJINUIIUPUIU~ reviewed Petitioner’s allegations of error and injustice on 4 October 2005 and, pursuant to its regulations, determined...

  • NAVY | BCNR | CY2005 | 03393-05

    Original file (03393-05.doc) Auto-classification: Approved

    Pursuant to the provisions of reference (a) Subject’s former spouse, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show timely written request for conversion from spouse to former spouse coverage under the Survivor Benefit Plan (SBP). The Board, consisting of Messrs. reviewed Petitioner’s allegations of error and injustice on 18 October 2005 and, pursuant to its regulations, determined that...

  • NAVY | BCNR | CY2008 | 05174-08

    Original file (05174-08.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BAN Docket No. 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 written request for conversion from spouse to former spouse coverage under the Survivor Benefit Plan (SBP). The Board, consisting of Messrs. Pfeiffer, Zsalman, and...

  • NAVY | BCNR | CY2005 | 10060-05

    Original file (10060-05.rtf) Auto-classification: Approved

    Pursuant to the provisions of reference (a) Subject former spouse, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show timely written conversion from spouse to former spouse coverage under the Survivor Benefit Plan (SBP)2 The Board consisting of reviewed Petitioner’s allegations of error injustice on 28 February 2006 and, pursuant to its regulations, determined that the corrective action...

  • NAVY | BCNR | CY2008 | 00056-08

    Original file (00056-08.rtf) Auto-classification: Approved

    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 written request for conversion from spouse to former spouse coverage under the Survivor Benefit Plan (SBP)2. The Board, consisting of Mr. Zsalman, Mr. Pfeiffer, and Mr. George, reviewed Petitioner’s allegations of error and injustice on 10 March 2008 and, pursuant to its...

  • NAVY | BCNR | CY2007 | 10716-07

    Original file (10716-07.rtf) Auto-classification: Approved

    Pursuant to the provision 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 written request for conversion from spouse to former spouse coverage under the Survivor Benefit Plan (SBP)2. The Board, consisting of Mr. Zsalman, Mr. Pfeiffer, and Mr. George, reviewed Petitioner’s allegations of error and injustice on 10 March 2008 and, pursuant to its regulations,...