‘ DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
bc
Docket No. 6113-09
3 November 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub]: REVIEW OF NAVAL RECORD ICO
Ref: (a) Title 10.U.8.C. 1552
Enel: (1) DD Form 149 w/attachments
(2) NPC Memo dtd 10 Aug 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 he. corrected
to show timely written request for conversation from spouse to former
Spouse coverage under the Survivor Benefit Plan (SBP).
2. The Board, consisting of Mr. Zsalman, Mr. George, and Exnicios,
reviewed Petitioner’s allegations of error and injustice on 2 November
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 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. 6113-09
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. The petitioner executed a written request for conversion from
spouse to former spouse SBP coverage, _at the same level of coverage as
previously elected, namingiiiikgl wit aie as the beneficiary.
The request was received by cognizant authority and became effective
18 December 1997, 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, 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 eneiiled Matter.
Lettean.4 HE
ROBERT D. ZSALMAN WILLIAM J. HESS,“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.
3 November 2009 VQ 9, Fon
FeA_W. DEAN PFEIFFER
Executive Director
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