DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 11914-08
30 June 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD 1CO ie,
Ref: fa) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Deputy Director Casualty Assistance Division (N135C) memo
of 29 Jan 09
(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 applicabie naval record be corrected
to show that Petitioner terminated participation in the Survivor
Benefit Plan (SBP) within the 24-36 month window, with spouse
concurrence, effective 1 September 1998.
2. The Board, consisting of Messrs. Pfeiffer, Exnicios, and George,
reviewed Petitioner’s allegations of error and injustice on 29 June 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.
CONCLUS TON
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. 11914-0608
‘existence of an injustice warranting the following corrective action.
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate, as
follows:
a. On 1 September 1998, within the one year period beginning on
the second anniversary of the commencement of retired pay, Petitioner,
with the valid concurrence of his spouse, submitted an election to
discontinue participation in the Survivor Benefit Plan.
b. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
4, Pursuant te 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. 4SALMAN , WILLTAM J. HESS “IIT
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section 6(e)
o£ 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.
30 June 2009
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