DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No. 9227-10
1 Feb 11
From: Chairman, Board for Correction of Naval Records
Tor: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC Memo dtd 10 Dec 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 timely written request for conversion from spouse to former
spouse coverage under the Survivor Benefit Plan (SBP).
2. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman, and
Mr. George, reviewed Petitioner’s allegations of error and injustice
on 31 January 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
the existence of an injustice warranting the following corrective
action.
Docket No. 9227-10
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. The petitioner executed a written request electing to enroll
in the SBP former spouse coverage, at the full base amount, naming
Qs the Beneficiary. The request was received by
cognizant authority and became effective 24 May 2008, the day
following the date of Consent Order Modifying Final Judgment of
Dissolution of Marriage.
b. Petitioner is responsible for unpaid SBP costs that would
have been deducted since the issuance of Consent Order Modifying Final
Judgment of Dissolution of Marriage. No waiver of unpaid costs will
be granted.
c. A copy of this Report of Proceedings will be filed in
Petitioner's naval record.
4. 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.
[beled WZ
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.
1 Feb 11 a Sof —
== DEAN P FFER
Executive Director
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