DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 09120-09
10 August 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
{2) Deputy Director Casualty Assistance Branch {(N135¢} of
25 Nov 09
(3) Deputy Director Casualty Assistance Branch (N135C) of
7 Jun 10
(4) 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 declined
Survivor Benefit Plan (SBP) coverage effective 15 April 2006.
2. The Board, consisting of Messrs. Zsalman, Pfeiffer, and George,
reviewed Petitioner's allegations of error and injustice on
9 August 2010 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 enclosures (2) and (3), 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 enclosures (2) and (3), the Board
finds the existence of an injustice warranting the following corrective
Docket No. 09120-0909
action,
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, as
follows:
a. Petitioner executed a timely written request declining
participation in the Survivor Benefit Plan (SBP) with spousal concurrence
at the time of his transfer to the Temporary Disabled Retired List (TDRL)
on 15 April 2006.
b. A copy of this Report of Proceedings will be filed in Subjects
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 ig a true and
complete record of the Board's proceedings in the above entitled
Matter, - *
ROBERT D. ZSALMAN WILLIAM J. HESS, WIT
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section 6 fe)
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.
10 August 2010 1% XS S
Foe Ww. DEAN PFETEFER
Executive Director
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