DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No. 3961-10
10 Aug 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.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC Memo dtd 20 Jul 10
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a) Subject’s former
Spouse, hereinafter referred to as Petitioner, filed enclosure (1)
with this Board requesting, in effect, that the applicable naval
record be corrected to timely written request for conversation from
spouse to former spouse coverage under the Survivor Benefit Plan
(SBP).
2. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman, and
Mr. 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 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. 3961-10
RECOMMENDATION:
That Subject’s naval record be corrected, where appropriate, to show
that:
a. The subject executed a written request for conversion from
spouse to former spouse SBP coverage, at the same level of coverage as
previously elected, naming QD as the beneficiary. The
request was received ‘by cognizant authority and became effective
8 August 1998, the day following the date of divorce.
b. The request was in compliance with a court order.
c. Subject died on 14 February 2006.
d. Petitioner is responsible for any unpaid SBP costs that would
have been deducted since the subject's transfer to the Retired List.
No waiver of unpaid costs will be granted.
@. A copy of this Report of Proceedings will be filed in
Subject’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.
Lille APC
ROBERT D. “SALMAN WILLIAM J. HESS,VIII
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.
10 Aug 10 eR SDT
Fou_w. DEAN PFPETFFER
Executive Director
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