DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DJC
Docket No. 2727-08
23 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) HOMC Memo 1741 MMSR-6M dtd 5 Sep 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 he declined enrollment in the Survivor Benefit Plan (SBP).
2. The Board, consisting of Mr. Zsalman, Mr. Pfeiffer, and Mr.
George, reviewed Petitioner’s allegations of error and injustice on 22
September 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. 2727-08
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. On 30 April 2005, the date of petitioner’s retirement,
petitioner was not married but did have eligible child SBP
beneficiaries. He did not make a SBP election prior to his retirement
and was therefore automatically enrolled in the “child’” category of
SBP.
b. Petitioner voluntarily elected to discontinue participation
in the SBP by submitting a properly completed and timely DD Form 2656-
2 Survivor Benefit Plan termination request, terminating the child
coverage. The request was received and processed by cognizant
authority and became effective 27 December 2007.
c. That so much of Petitioner’s request for corrective action as
exceeds the foregoing be denied for the reasons stated in enclosure
(2).
d. 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. 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.
23 September 2008 \ ek c
W. DEAN PFETR
Executive Di
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