DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 00065-08
19 September 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
Encl: (1) DD Form 149 w/attachments
(2) Letter from Director, Casualty Assistance Division dated
10 Mar 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 reflect that enrollment in the Reserve Component Survivor
Benefit Plan (RCSBP), Option C, during the 90 day timeframe
immediately following receipt of the Notice of Eligibility for
retirement without pay.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and Exnicios,
reviewed Petitioner’s allegations of error and injustice on April 7,
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
Docket No. 00065-08
the existence of an injustice warranting the following corrective
action.
RECOMMENDATION:
That Subject’s naval record be corrected, where appropriate, as
follows:
a. He was transferred to the Fleet Reserve without pay on 1 May
1989 with eligibility for retired pay at age 60, and he enrolled in
RCSBP for spouse coverage naming «ill? Rien, 2:
the beneficiary, at the full base amount, Option C.
b. Subject died on 7 July 2006.
c. A copy of this Report of Proceedings will be filed in
Subject’s naval record.
A, 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. ZSALMAN LE J. HE ,
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.
19 September 2008
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