DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 06787-10
13 October 2010
From: Chairman, Board for Correction of Naval Records
m
TS: Secretary of the Navy
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) HOMC memo 1741 MMSR-6K OF 2 Sept 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, in effect, that the applicable naval record be corrected
to show that Petitioner enrolled in Survivor Benefit Plan (SBP)
coverage under “spouse and child” category at the time of his
retirement on 1 September 2007, and suspended SBP coverage for his
spouse one day after the date of his divorce 20 June 2010.
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 the
Docket No. 06787-10
existence of an injustice warranting the following corrective action.
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, as
follows:
a. Petitioner submitted a written request to enroll in SBP for
“spouse and child” coverage at the time of his retirement on 1
September 2007.
b. Petitioner divorced ei tesa 20 June 2010. There was
no former spouse provision in the divorce decree.
c. Petitioner submitted, in a timely manner, a copy of the divorce
decree to the Defense Finance Accounting Service (DFAS), removing
“spouse” only Qh irom SBP coverage. Petitioner requested to
continue child coverage.
d. Petitioner is responsible for any unpaid SBP costs that would
have been deducted for child coverage at the time of his retirement to
present. No waiver of unpaid costs will be granted.
e. 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. ae HE.
ROBERT D. ZSALMAN WILLIAM J. HESS, III
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 TR DSS
Faw. DEAN PRPHIFFER
Executive Director
Nd
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