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NAVY | BCNR | CY2006 | 11085-06
Original file (11085-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 DJC
Docket No. 11085-06
21 December 2006
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/attach m ents
 (2)      NPC memo of 12 Apr 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 the petitioner terminated his former spouse in the Survivor Benefit Plan (SBP), and enrolled his current spouse in the Survivor Benefit Plan (SBP).

2.       The Board, consisting of Mr. Zsalman, Mr. Exnicios, and Mr. George, reviewed Petitioner’s allegations of error and injustice on 20 December 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 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. 11085-06
RECONMENDATION:

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

 a.       The petitioner submitted a properly completed and timely DD Form 2656-2, Survivor Benefit Plan (SBP) Termination Request, asking that the petitioner’s SBP spouse coverage be terminated. The petitioner request was received and processed by cognizant authority and became effective 30 June 1989.
         b.       The petitioner enrolled  in the SBP, at
 the same level of coverage as previously elected, effective 17 April 1999, within one year from the date of marriage.

 c.       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. ZS ALMAN        WILLIAM J. HESS,
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.



 21’ December 2006
         W. DEAN PFEIFFER
 Executive Director







2

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