DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 01063-11
17 May 2011
From: Chairman, Board for Correction of Naval Records
To: - Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD Jaa
Ret: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Survivor Benefit Program Manager Casualty Assistance (OPNAV
N135C) of 13 Apr 11
(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 he declined enrollment in
the Survivor Benefit Plan (SBP) as he was not married and had no
eligible beneficiaries.
2. The Board, consisting of Messrs. Pfeiffer, Exnicios, and George,
reviewed Petitioner's allegations of error and injustice on
16 May 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. 01063-11
the existence of an injustice warranting the following corrective
action.
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, as
follows:
a. Prior to Petitioner’s 30 September 2009 transfer to the Fleet
Reserve, he declined enrollment in SBP. He was not married at the
time and had no eligible beneficiaries.
b. 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.
ROBERT D. ZSALMAN WILLIAM J. HESS,* III
Recorder Acting Recorder
Sis 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.
16 May 2011 ee 5
ROBERT D. ZSALMAN
Acting Executive Director
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