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NAVY | BCNR | CY2009 | 10808-09
Original file (10808-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORHFECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

DIC
Docket No. 10808-0939
23 Feb 10

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

Subj: REVIEW OF NAVAL RECORD Ico

Ref: (a) Title 10 U.g.c. 1552

Encl: (1) DD Form 149 w/attachments
{2) NPC Memo dtd 4 Dec 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 timely written request for conversion from spouse to former
spouse coverage under the Survivor Benefit Plan (SBP).

2. The Board, consisting of Mr. Pfeiffer, Mr. Z2salman, and

Mr. 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.
Docket No. 10808-09
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 covera at the same level of coverage as
previously elected, naming a as the beneficiary. The
request was received by cognl authoricy and became effective

30 July!2008, the day following the date of divorce.

b. The request was in compliance with a court order.

ec. 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 entitled matter,

ROBERT D. ZSALMAN arenan J. HES IIt

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.

23 Feb 10 \S

W. DEAN P
Executive Dirkdat

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