DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 10142-08
6 January 2009
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) Director Casualty Assistance Branch (N135C)
of 12 Dec 08
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a) Petitioner,
filed enclosure (1) with this Board requesting, in effect, that
the applicable naval record be corrected to show that 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. Pfeiffer, Zsalman, and George,
reviewed Petitioner’s allegations of error and injustice on
6 January 2009 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
Docket No. 10142-08
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.
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, as
follows:
a. Prior to his 1 November 2001 transfer to the Fleet
Reserve, he declined enrollment in the Survivor Benefit Plan (SBP).
He was not married at the time and had no eligible beneficiaries.
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 WILLIAM 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.
6 January 2009 Tm DS Cw SN
Ww. DEAN PFEIFFER
Executive Director
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