DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 11716-08
9 March 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) Deputy Director Casualty Assistance Section (N135C) of
9 Feb 09
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a) Subject’s former
spouse, hereinafter referred to as Petitioner, filed enclosure (1)
with this Board requesting, in effect, that the applicable naval
record be corrected to show timely written request for conversion from
spouse to former spouse coverage under the Survivor Benefit Plan (SBP)
within one year of his divorce.
2. The Board, consisting of Messrs. Pfeiffer, 4Zsalman, and George,
reviewed Petitioner’s allegations of error and injustice on 9 March 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 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
Docket No. 11716-08
existence of an injustice warranting the following corrective action.
RECOMMENDATION :
That Subject’s naval record be corrected, where appropriate, as
Eollows:
a. The Subject executed a written request for conversion from
spouse to former spouse Survivor Benefit Plan coverage, at the same
level of coverage as previously elected, nami ng NAVY | BCNR | CY2008 | 12085-08
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