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NAVY | BCNR | CY2006 | 04630-06
Original file (04630-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX    
                                             WASHINGTON DC 20370-5100
                                                      DJC
                                                                                           Docket No. 4630-06
                                                                                          4 October 2006

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW O F NAVA L RECORD

Ref:    (a)      Title 10 U.S.C. 1552
End:     (1) DD Form 149 w/attachrnents
 (2)      NPC memo of 31 Aug 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 timely written request for conversion from spouse to former spouse coverage under the Survivor Benefit Plan (SBP)
2.       The Board, consisting of Mr. Pfeiffer, Mr. Dietrich, and Mr. Koman, reviewed Petitioner’s allegations of error and injustice on 3 October 2006 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 regulati~ons 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. 4630-06
 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 spouse SBP coverage, at the same level of coverage as previously elected, namin as the beneficiary. His request was received by cognizant authority and became effective 1 March 1996, the day following the date of divorce.
b.       The request was in compliance with a court order.
c.       Subject died on 3 September 2004.
d.       The petitioner will be responsible for the SBP premiums from 15 January 98 (when the subject stopped paying premiums) to the subjects death on 3 September 2004.
e.       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        WILLIAM J. HESS, I II
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 2006


                                                               W. DEAN PFEIFFER
                            Executive Director

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