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NAVY | BCNR | CY2005 | 04115-05
Original file (04115-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
                                             WASHINGTON DC 20370-5100


                                                               MEH
                                                                                          Docket No. 0 4115-05
                                                                                          19 Jul 05



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. 1552
End:     (1) DD Form 149 w/attachments
                   (2) NPC memorandum of 22 Jun 05
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 written request for conversion from spouse to former spouse coverage under the Survivor Benefit Plan (SBP)
2.       The Board, consisting of Mr. Koman, Ms. McCormick, and Ms. Nofziger, reviewed Petitioner’s allegations of error and injustice on 19 July 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.



Docket No. 4115-05
 RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
a.       He executed a written request for conversion from spouse to
 former coverage, at the same level as previously elected, naming the beneficiary. The request was received cognizant authority and became effective 4 September 2002, 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. 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                                   WILLIAM J. HESS, II I
 Recorder                                                      Acting Recorder



5. The foregoing action of the Board is submitted for your review and action.
Reviewed and approved:



Robert T. Call
 Assistant General Counsel
 Man power and Reserve Affairs)



                                                              

W . DEAN PFEIFFER
Executive Director

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