DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 6219-05
4 October 2005
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
Ref: (a) Title 10 U.S.C. 1552
End: (1) DD Form 149 w/attachments
(2) NPC memorandum of 12 Sep 05
(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. 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, 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.
CONCLUS ION
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. 6219-05
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 of coverage as previously
elected, naming as the beneficiary. The request was received by
cognizant authority and became effective 22 July 1994.
b. The request was in compliance with a court order.
c. Subject died on 30 June 2005.
d. A copy of this Report of Proceedings will be filed in Subject’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.
141
ROBERT D. ZSALMAN WILLIAM J. HE, 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.
4 October 2005
2
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