DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 02479-09
23 June 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
‘Subj: REVIEW OF NAVAL RECORD ICO Q
Ref: {a} Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Deputy Director Casualty Assistance Branch (N135C) of
5 Jun 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
to enroll his former spouse and disabled child in the Survivor Benefit
Plan (SBP) coverage vice only former spouse coverage.
2. The Board, consisting of Messrs. Zsalman, Pfeiffer, 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,
xegulations 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. 02479-09
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, as
follows:
a. Petitioner submitted a written request to change Survivor
Benefit Plan (SBP) coverage from “spouse and child” to “former spouse and
child.” This request was received by cognizant authority and became
effective 6 April 2007, one day following Petitioner’s divorce.
b. The request was made in order to comply with the terms of the
Petitioner's divorce decree.
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