DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 07079-10
7 March 2011
From: Chairman, Board for Correction of Naval Records
Te i Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD Qi ition y
Ref: (a) Title 10 U.S8.c. 1552
Encl: (1) DD Form 149 w/attachments
(2) Headquarters United States Marine Corps (HOMC) memo 1741
MMSR-6K of 16 Sep 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 show that he submitted a
timely written request to add his new spouse, QB +.
his Survivor Benefit Plan (SBP) coverage within one year of his
marriage.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and Exnicios,
reviewed Petitioner’s allegations of error and injustice on
14 February 2011 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. 07079-10
the existence of an injustice warranting the following corrective
action.
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, as
follows:
a. Petitioner executed a written request to remove his former
spousc Gay? as the beneficiary of his Survivor Benefit Plan
(SBP) “spouse and child” coverage, one day after the date of his
divorce on 17 April 2004.
b. Petitioner submitted a timely written request to add his new
spouse, QD as the beneficiary for SBP “spouse and child
coverage”, within one year from the date of his marriage on 18
December 2004.
c. No waiver is authorized for back payment of SBP premiums which
would have been deducted from Petitioner’s retired pay within one year
from the date of his remarriage on 18 December 2004.
d. 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
e
matter.
ROBERT D. ZSALMAN WILLIAM J. HESS, II
Recorder Acting Recorder
Bis 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.
7 March 2011
W. DEAN
Executive
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