DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 03747-08
28 July 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD 1CO (i [RMAIGNiRetines,
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149 w/attachments
(2) Deputy Director Casualty Assistance Division (N135C)
of 27 Jun 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 that Petitioner disenrolled from the
Survivor Benefit Plan (SBP) effective the day of his retirement
on 31 January 1999.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and George,
reviewed Petitioner's allegations of error and injustice on 28 July
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
Petitioner’s request warrants partial relief as described below.
Docket No. 03747-08
CONCLUSION
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosures (2) and (3), the
Board finds the existence of an injustice warranting the following
partial corrective action.
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate,
as follows:
a. Petitioner submitted a properly completed and timely DD
Form 2656, Survivor Benefit Plan (SBP) Termination Request,
asking that his SBP spouse coverage be terminated. His request
was received and processed by cognizant authority and became
effective 16 January 2002, the date of his divorce.
b. Petitioner’s request for SBP termination effective the
date of his retirement of 31 January 1999 is denied because
Petitioner was married at the time of his retirement and did not
have spousal concurrence to disenroll from SBP coverage.
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 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. 7, er
ROBERT D. ZSALMAN wriL Yam J. HESSW 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.
28 July 2008 “AR QD Q
Fen W. DEAN PFEIFFER
Executive Director
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