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NAVY | BCNR | CY2008 | 06322-08
Original file (06322-08.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

DIC
Docket No. 6322-08
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) NPC Memo dtd 15 Aug 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 enrollment in the Reserve Component Survivor Benefit
Plan (RCSBP).

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. 6322-08

RECOMMENDATION:

That Subject’s naval record be corrected, where appropriate, to show
that:

a. He receive his Notification of Eligibility (NOE) for
retirement, without pay, on 1 September 1999 with eligibility for
retired pay at age 60, and he enrolled in RCSBP for spouse coverage

naming ee : the beneficiary, at the full base

amount, Option C.
b. Subject died on 17 March 2000.

c. Petitioner applied for the RCSBP annuity within six years of
subject's death.

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 en tl J. HESS,
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 \oN

W. DEAN PFEIL
Executive Di

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