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NAVY | BCNR | CY2010 | 11749-10
Original file (11749-10.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BAN
Docket No. 11749-10
8 February 2011

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

Subj: REVIEW_OF NAVAL RECORD eae

Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Deputy Director Casualty Assistance Branch (N135C) of
12 Jan i2

(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 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, 4salman, and Exnicios,
reviewed Petitioner’s allegations of error and injustice on

7 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. 11749-10

the existence of an injustice warranting the following corrective
action.

RECOMMENDATION :

That Petitioner'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 QD as the sole

beneficiary. His request was received by cognizant authority and
became effective 10 February 2006, one day following the date of
diverce.

b. The request was in compliance with a court order.

c. 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.

Nbbleceinr AbOC

ROBERT D. ZSALMAN WILLIAM J. HESS, II
Recorder Acting Recorder
Sr 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.

8 February 2011

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