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NAVY | BCNR | CY2009 | 01461-09
Original file (01461-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BAN
Docket No. 01461-09
24 dune 2009

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

   

Subj: REVIEW OF NAVAL RECORD
USN (RET) (DECEASED) :

Ref: (a) Title 10 U.S.C, 1552
Encl: (1) DD Form 149 w/attachments
(2) Deputy Director Casualty Assistance Branch (Ni35C) of
7 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 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, Zsalman, and George,
reviewed Petitioner's allegations of error and injustice on 22 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 xemedies 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. 01461-09

existence of an injustice warranting the following corrective action.

RECOMMENDATION:

That Subject’s naval record be corrected, where appropriate, as
follows:

a. The Subject executed a written request for conversion from
spouse to former spouse Survivor Benefit Plan (SBP) coverage, at the
of coverage as previously elected, naning See

 

  
 

Mig es the beneficiary. The request was received by cognizant
authority and became effective 24 January 2006, the day following the
date of divorce.

b. Subject died on 11 July 2008.

c. 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 . e
[pL Altaw Ke

ROBERT D. ZSALMAN W
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 ef the

Navy.

24 June 2009 , \S : f

W. DEAN PFEIFRSER
Executive Directo

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