DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 09421-09
24 February 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) Title 10 U.S.C. 1552
Enel: (1) DD Form 149 w/attachments
(2) Deputy Director Casualty Assistance Branch (N135C) of
6 Jan 2010
(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 Petitioner
submitted a request declining participation in the Survivor
Benefit Plan (SBP) upon retirement on 16 December 2005.
2. The Board, consisting of Messrs. Zsalman, Pfeiffer, and George,
reviewed Petitioner’s allegations of error and injustice on
22 February 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 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. .
RECOMMENDATION :
That Petitioner's naval record be corrected, where appropriate, as
follows:
a. Prior to her 16 Decémber 2005 transfer to the Temporary
Disability Retired List, Petitioner submitted a timely written
request to decline coverage in the Survivor Benefit Plan (SBP).
Her spouse concurred in the election.
b. 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 nal OO J. HES,
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.
24 February 2010 Ra D>
Fo. W. DEAN RYEIFFER
Executive Director
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