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NAVY | BCNR | CY2007 | 11119-07
Original file (11119-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                              WASHINGTON DC 20370-5 100



DJC
 Docket No. 11119-07
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
End:     (1) DD Form l 49 w/attachments
 (2)      NPC Memo dtd 12 Feb 08
(3)      Subject’s naval record
1.       Pursuant to the provisions of reference (a) Subject’s widow, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show termination of Reserve Component Survivor Benefit Plan (RCSBP) coverage under the “insurable interest” category, and when eligible, commencement of RCSBP coverage under the “spouse” category, thereby entitling her to RCSBP.
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 Petitioners 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.


Doc ket No. 11119-07 RECOMMENDATION

That Subject’s naval record be corrected, where appropriate, to show that:
a.       The member submitted timely written request asking that his RCSBP “insurable interest” coverage be terminated. His request was received and processed by cognizant authority and became effective on 22 October l979,~ the day following the date of his mother’s death. Insurable interest premiums deducted from his retired pay for coverage after 22 October 1979 will be returned.
b.       The member enrolled in the RCSBP at the full base amount effective 2 May 1982, the day following the date of marriage. Petitioner will be responsible for the repayment of uncollected spouse premiums from the effective date of enrollment to the date of Subject’s death.
c.       Subject died on 18 May 2007.
d.       A copy of this Report of Proceedings will be filed in Subject’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. ZSALMAN        WILLIAM 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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