DEPARTMENT OF THE NAVY
BOARD FOR CORRECTtON OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 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. 1552
End: (1) DD Form 149 w/attacliments
(2) CMC memorandum 1741 ~4MSR-6 of 13 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.UUUMUUJIJUUI~~p reviewed
Petitioner’s allegations of error and in]ustice 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.
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. 7103-05
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 2 April 2002, the day following
the date of divorce.
b. Subject died on 6 January 2005.
c. 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.
ROBERT D. ZSALMAN WILLIAM J. HESS 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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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,...
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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...
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