DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 08799-0609
15 December 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj : sepa ei crebemat hate RRR 1 SIMEON A WT ie ant
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Deputy Director Casualty Assistance Branch (N135C) of
23 Nov 09
(3) Subject’s naval record
1, Pursuant to the provisions of reference (a) Subject’s widow,
hereinafter referred to as Petitioner, filed enclosure (1) with this
Board requesting, in effect, that the applicable naval record be
corrected to show enrollment in the Survivor Benefit Plan (SBP) for
spouse coverage.
2. The Board, consisting of Messrs. Pfeiffer, Asaiman, and 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 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. 08799-09
RECOMMENDATION:
That Subject ’s naval record be corrected, where appropriate, as follows:
a. Prior to his 30 September 1993 transfer to the Fleet Reserve,
Petitioner enrolled in SBP for spouse coverage, at the full base amount,
naming his spouse je i“ Meas the sole beneficiary.
b. SBP costs that would have been deducted from Subject’s
retired pay will be deducted from Petitioner’s benefits. No annuity
will be paid to Petitioner until all unpaid costs have been
reimbursed. No waiver of unpaid costs will be granted.
e. Subject died on 20 March 2009.
d. 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. a
ROBERT D. ZSALMAN 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.
14 December 2009 \ sn Y
4
W. DEAN PF
Executive to
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