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NAVY | BCNR | CY2010 | 05316-10
Original file (05316-10.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BAN
Docket No. 05316-10
13 October 2010

om Chairman, Board for Correction of Naval Records
Secretary of the Navy

Subj: REVIEW_OF NAVAL R

Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Deputy Director Casualty Assistance Branch (N135C) of
30 Aug 10

(3) Subject’s naval record

dL... ursuant to the provisions of reference Petitioner, ZZ
former spouse of filed enclosure (1)

with this Board requesting, in effect, that the auelicable naval
record be corrected to show that Subject submitted a timely written
request for conversion from “spouse” to “former spouse” coverage under
the Survivor Benefit Plan (SBP) within one year of his divorce.

2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and George,
reviewed Petitioner’s allegations of error and injustice on

12 October 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
Docket No. 05316-10

the existence of an injustice warranting the following corrective
action.

RECOMMENDATION :

That Subject’s naval record be corrected, where appropriate, as
follows:

a. Subject executed a written request for conversion from
“spouse” to “former spouse” SBP coverage, naming as
the sole beneficiary. His request was received by cognizant authority
and became effective 1 November 1995, one day following the date of
divorce.

b. The request was in compliance with a court order.
c. Subject died on 20 January 2010.

dad. That a copy of this Report of Proceedings 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 WILLIAM J. HESS, Lt

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.

13 October 2010 Re QD

Toe W. DEAN PFEIFFER
Executive Director

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