DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN :
Docket No. 04713-09
17 August 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD Ico@
es
Ref: {a} Title 10 U.S.C. 21552
Encl: (1) DD Form, 149 w/attachments
(2) Deputy Director Casualty Assistance Division (N135C) of
30 Jul 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 applicable naval record be corrected
to show that Petitioner declined enrollment in the Survivor Benefit
Plan (SBP) with spousal concurrence.
2. The Board, consisting of Messrs. Pfeiffer, George, and Exnicios
reviewed Petitioner's allegations of error and injustice on
17 August 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
hag 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. 04713-0908
RECOMMENDATION :
That Petitioner's naval record be corrected, where appropriate, as
Eollows:
a. Prior to Petitioner's retirement to the Temporary Disabled
Retired List on 1 April 2007, he declined enrollment in SBP with
spousal concurrence.
b. 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 Federai 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 . WILLIAM J. HESSY III
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 of the
Navy.
17 August 2009 IS
W. DEAN BaF
Executive Director
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