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NAVY | BCNR | CY2007 | 10936-07
Original file (10936-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORREC11ON OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                              WASHINGTON DC 20370-5 100



DJC
Docket No. 10936-07
11 March 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
En cl :    (1) DD Form 149 w/attachments
 (2)      NPC Memo dtd 22 Jan 08
(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 request for disenrollment from his Survivor Benefit Plan (SBP) spouse coverage within one year of his remarriage.
2.       The Board, consisting of Mr. Zsalman, Mr. Pfeiffer, and Mr. George, reviewed Petitioner’s allegations of error and injustice on 10 March 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 existence of an injustice warranting the following corrective
 action.




Docket No. 10936-07 RECOMMENDATION.

That Petitioner’s naval record be corrected, where appropriate, to show that:
a.       The petitioner voluntarily declined to resume SBP spouse coverage within one year of his 21 October 2006 marriage (The resumption of suspended SBP coverage is voluntary so was not required to resume that coverage)
b.       The petitioner’s spouse, is currently entitled to an SBP annuity based on her marriage to

c.       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. ZSALMA N         WIL LI A M 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 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.


11 March 2008

W. DEAN PFEIFFER
Executive Director













2

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