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NAVY | BCNR | CY2007 | 09431-07
Original file (09431-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                              WASHINGTON DC 2O37O~51OO



BAN
 Docket No. 09431-07
19 May 2008



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)      HQMC memo 1760 MMSR-6K of 13 May 08
(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) within one year of his divorce.
2.       The Board, consisting of Messrs. Zsalrnan, Exnicios and George, reviewed Petitioner’s allegations of error and injustice on May 19, 2008 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


Docket No. 09431-08
existence of an injustice warranting the following corrective action.
RECOMMENDATION:
That Subject’s naval record be corrected, where appropriate, as follows:
a.       The Subject executed a written request for conversion from spouse to former spouse Survivor Benefit Plan coverage, at the same level of coverage as previously elected, naming as the beneficiary. The request was received by cognizant authority and became effective 7 March 2003, the day following the date of divorce.
b.       Subject died on 13 February 2007.
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 72 3.6(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        WILLIAN 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 72 3.6(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.


19 May 2008
W.       DEAN PFEIFFER
 Executive Director







2

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