DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 01232-09
20 April 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
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 24 Mar 09
(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 a timely written request
for the election of former spouse Survivor Benefit Plan (SBP) coverage
within one year of Subject’s divorce.
2. The Board, consisting of Messrs. Zsalman, Pfeiffer, and George,
reviewed Petitioner's allegations of error and injustice on
20 April 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
existence of an injustice warranting the following corrective action.
Docket No. 01232-09
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 SBP coverage, at the same level of coverage as previously
elected, naming @URRRIINERINas the beneficiary. The request was
received by cognizant authority and became effective 30 December 1987,
the day following the date of divorce.
b. The request was in compliance with a court order.
ec. Subject died on 28 November 2008.
d. A copy of this Report of Proceedings will be filed in
Subject’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 . WILDIAM J. HESS, III .
Recorder Acting Recorder
ae 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.
20 April 2009
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