DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 06323-10
4 October 2010
From: Chairman, Board for Correction of Naval Records
Toe¢ Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF eae hw See
Ref: (a) 10 U.S.c. S52
Encl: (1) DD Form 149 w/attachments
(2) Deputy Director Casualty Assistance Branch (N135C) of
26 Aug 10
(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 a correction to his service record to reflect that he had
no eligible spouse beneficiary for participation in the Survivor
Benefit Plan (SBP) at the time of his retirement.
2. The Board, consisting of Messers. Pfeiffer, Zsalman, and George
reviewed Petitioner’s allegations of error and injustice on
27 September 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. 06323-10
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate, as
follows:
a. Prior to Petitioner’s 19 February 2008, transfer to the
Temporary Disabled Retired List, he declined enrollment in SBP. He was
not married at the time and had no eligible beneficiaries.
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)) 1t 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. 4SALMAN a, J. HESS ¢
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
ror_W. DEAN PFEIFFER
Executive Director
27 September 2010
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