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NAVY | BCNR | CY2007 | 02909-07
Original file (02909-07.rtf) Auto-classification: Approved
                  DEPARTMENT OFTHE NAVY
                   BO ARD FOR CORRECTION OF NAVAL RECORDS
          WASHINGTON DC 2O37O - 51OO



DJC
Docket No. 2909-07
27 June 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 dtd 18 May 07
 (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 Survivor Benefit Plan (SBP) pursuant to the BARBER decision.
2.       The Board, consisting of Mr. Pfeiffer, Mr. Rothlein, and Mr. Wade, reviewed Petitioner’s allegations of error and injustice on 26 June 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.
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. 2909-07
 RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
 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 mat ter .


ROBERT D. ZSALMAN        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

b.       A copy of this Report of Proceedings will be filed in Petitioner’s naval record




 27 June 2007
                                                                         W. DEAN PFEIFFER
                                                                Executive Director



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