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NAVY | BCNR | CY2009 | 05098-09
Original file (05098-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BAN
Docket No. 05098-09
29 October 2909

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

 

Subj: REVIEW OF NAVAL RECORD ICOM

  

Ref: (a) Title 10 U.S.C. 1552

Encl: (1) DD Form 149 w/attachments
(2) Deputy. Director Casualty Assistance Branch (N135C)
of 29 Jul 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 that Petitioner elected
Survivor Benefit Plan (SBP) for her sister under the insurable
interest category.

2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and George,
reviewed Petitioner’s allegations of error and injustice on

26 October 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 cf 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.

CONCLUS TON

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. 05098-09
RECOMMENDATION :

That Petitioner's naval record be corrected, where appropriate, as
follows:

a. Prior to her transfer to the Retired List on 1 July 2005,
Petitioner executed a written request to enroll in the Survivor Benefit
Plan (SBP) under insurable interest, naming 4 Er eer
sister as the sole beneficiary.

   

b. Petitioner is responsible for unpaid SBP costs that would have
been deducted since her transfer to the Retired List. No waiver of
unpaid costs will be granted.

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 7 WILLIAM J. HES Tit

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.

29 October 2009 ‘ Ly \
; f

W. DEAN PYETI
Executive Dingc

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