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NAVY | BCNR | CY2006 | 00674-06
Original file (00674-06.rtf) Auto-classification: Approved
                                    DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-5100



DJC
Docket No. 674-06
31 January 2007

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 Memo 5420 PERS 4911 dtd 29 Nov 06
(3)      Subject’s naval record

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 enrollment in the Reserve Component Survivor Benefit Plan (RCSBP), and application for retired pay on his 60 th birthday.

2.       The Board, consisting of Mr. Geisler, Mr. George, and Mr. Wade, reviewed Petitioner’s allegations of error and injustice on 30 January 2007 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. 674-06

RECO MM ENDATION:

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

a.       The petitioner applied for retired pay on or about 26 July 1998. at age 60.

b.       Prior to his 1 March 1983 transfer to the Retired Reserve he enrolled in RCSBP Option C for spouse coverage at the full base amount, as the beneficiary.

c.       Lieutenant Commander died on 14 April 2005.

d.       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
Recorder         Acting Recorder

5. Pursuant t& 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.



31 January 2007
















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