DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN :
Docket No. 03207-09
22 July 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
sence
bs
Subj: REVIEW OF NAVAL RECORD ICO @
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) HOMC memo 1741 MMSR-6K of 11 May 2009
(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 applicable naval
record be corrected to show a timely written request for
conversion from spouse to former spouse coverage under the
Survivor Benefit Plan (SBP).
2. The Board, consisting of Messrs. Zsalman, Pfeiffer, 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
Loilows:
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.
RECOMMENDATION:
That Subject’ S naval record be corrected, WHEUE appropriate, as
follows:
a. Subject executed a written request to change his SBP
coverage from spouse to former spouse SBP coverage, at the same
level of coverage as previously elected, naming @(00G@RRBmes the
sole beneficiary. The request was received by cognizant authority
and became effective 17 July 2007, the day following the date of
divorce.
b. The request was in compliance with a court order.
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.
ROBERT D. ZSALMAN nb Ckce
Recorder a 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 of the Navy.
22 July 2009 Cd Rom, Fos
re. W. DEAN PFEIFFER
Executive Director
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