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NAVY | BCNR | CY2008 | 04016-08
Original file (04016-08.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

| 2
BAN

Docket No. 04016-08
14 July 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) Deputy Director Casualty Assistance Division (N135C) of
17 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 the Petitioner had no eligible spouse beneficiary for
participation in the Survivor Benefit Plan (SBP) prior to his date of

retirement.

2. The Board, consisting of Messrs. Zsalman, Exnicios, and George
reviewed Petitioner’s allegations of error and injustice on 14 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 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. 04016-08

RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate, as
follows:

a. Petitioner’s record is to reflect that he had no eligible
spouse beneficiary for participation in the Survivor Benefit Plan
prior to his date of retirement on 31 August 2003.

b. 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.

ROBERT D. ZSALMAN would J. o- fH

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.

14 July 2008 es ON f=

Fen_W. DEAN PFEIFFER
Executive Director

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