DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 03964-10
1 September 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF
Ref: la) 20 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Deputy Director Casualty Assistance Branch (N135C) of
22 Jul 10
(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 that Petitioner did not resume
Survivor Benefit Plan spousal coverage upon remarriage.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and George
reviewed Petitioner's allegations of error and injustice on 31 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. 03964-10
RECOMMENDATION :
That Petitioner's naval record be corrected, where appropriate, as
follows:
a. Petitioner notified the Defense Finance and Accounting Service,
Cleveland (DFAS-CL), in writing, on 15 September 1996, that he terminated
former spouse coverage. Petitioner did not resume SBP spousal coverage
upon his remarriage.
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. ASALMAN WILLIAM J. HESS 7
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.
1 September 2010 \oQns
W. DEAN PFEISF
Executive Dixé&c
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