DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No. 8655-09
15 Dec 09 —
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO
Ref: (a) Title 10 U.S.C. 1552
Enci: (1) DD Form 149 w/attachments
(2) NPC Memo dtd 19 Oct 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 he declined enrollment in the Survivor Benefit Plan (SBP)
prior to his retirement.
2. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman, and
Mr. George, reviewed Petitioner’s allegations of error and injustice
on 14 December 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 aliegations 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. 8655-09
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. With written concurrence, he properly declined participation
in the SBP when he was transferred to the Temporary Disability Retired
List on 21 June 1996. (Note: This change is being made because of
evidence that Petitioner was not provided with adequate counseling at
the time of transfer to the Temporary Disability Retired List)
b. A copy of this Report of Proceedings will be filed in
Petiticner’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 entitled matter.
bibbecen fi
ROBERT D. ZSALMAN WILLIAM J. HESS, III
Recorder Acting Recorder
Bs Pursuant te the delegation of authority set out in Section 6(e)
of the revised Frocedures 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.
15 Dec O09 .
Senn FAQ
e..W. DEAN PFEIFFER
Executive Director
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