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NAVY | BCNR | CY2011 | 01254-11
Original file (01254-11.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

DIC
Docket No. 1254-11
30 Mar 11

From: Chairman, Board for Correction of Naval Records

Tos Secretary of the Navy

Subj: REVIEW OF NAVAL RECORD ICO , oa. |
Ref: (a) Title 10 U.S.C. 1552

Encl: (1) DD Form 149 w/attachments

(2) HOMC Memo 1800 MMSR-5 dtd 18 Oct 10
(3) Subject’s naval record

1. Pursuant to the provisions of reference (a) Subject’s widow,
hereinafter referred to as Petitioner, filed enclosure (1) with this
Board requesting, in effect, that the applicable naval record be
corrected to show that the Petitioner applied for the Reserve
Component Survivor Benefit Plan (RCSBP).

2. The Board, consisting of Mr. Pfeiffer, Mr. Exnicios, and

Mr. George, reviewed Petitioner’s allegations of error and injustice
on 29 March 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. 1254-11
RECOMMENDATION :

That Subject'’s naval record be corrected, where appropriate, to show
that:

a. Subject died on 21 April 1991.

b. The petitioner QB executed a written

request for the Reserve Component Survivor Benefit Plan (RCSBP)
annuity. The request was received by cognizant authority and became
effective 26 July 2003, the day of the subject's 60th birthday. Note:
the request was disapproved as the petitioner had remarried before age
55.

c. The petitioner executed a subsequent written request for
Survivor Benefit Plan (SBP) annuity reinstatement. The request was
received by cognizant authority and became effective 20 December 2009,
the day following the date of the petitioner's subsequent husband's

QED cc2

d. A copy of this Report of Proceedings will be filed in
Subject’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.

ROBERT D. ZSALMAN WILLIAM J. HESS, III
Recorder Acting Recorder
Bie 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.

30 Mar 11 ~R_iS : Q

-A—W. DEAN PFEIFFER
Executive Director

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