DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 11728-08
22 July 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) HQMC memo 1760 MMSR-6M of 5S May 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 Subject enrolled his former spouse in the
Survivor Benefit Plan (SBP) within one year of his date of divorce.
2. The Board, consisting of Messrs. Pfeiffer, Z2galman, and Exnicios,
reviewed Petitioner’s allegations of error and injustice on
20 July 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. 11728-08
existence of an injustice warranting the following corrective action.
RECOMMENDATION :
That Subject's naval record be corrected, where appropriate, as
follows:
a. Subject executed a written request for conversion from spouse
to former spouse coverage SBP Coverage, at the same level of coverage
as previously elected, naming (RA as the sole beneficiary.
The request was received by cognizant authority and became effective
19 February 1989, the day following the date of divorce.
b. Petitioner is responsible for any unpaid SBP costs that would
have been deducted if he had elected former spouse coverage within one
year of his divorce. No annuity will be paid to Petitioner until all
unpaid costs have been reimbursed. No waiver of unpaid costs will be
granted.
c. Subject died on 9 October 2008.
d. 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,\ ZIT
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 Becheuany of the
Navy.
22 July 2009 \n\ LE ,
. R
tor
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