DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 02356-11
17 May 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Survivor Benefit Plan Program Manager Casualty Assistance
(OPNAV N135C) of 31 Mar 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 a timely written request
for conversion from spouse to former spouse coverage under the Reserve
Component Survivor Benefit Plan (RCSBP), Option B, within one year of
the date of his divorce on 24 February 1997.
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 the
existence of an injustice warranting the following corrective action.
Docket No. 02356-11
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, as
follows:
a. Petitioner executed a timely written request for conversion
from spouse to former spouse RCSBP coverage, Option B, at the same
level of coverage as previously elected, naning Qa
as the sole beneficiary. The request was received by cognizant
authority and became effective 25 February 1997, the day following the
date of divorce.
b. A copy of this Report of Proceedings will be filed in
Petitioner's naval record.
A, 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. ~ ¢ LLL
Recorder Acting Recorder
Ss 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.
17 May 2011 a ee I 5
ROBERT D. ZSALMAN
Acting Executive Director
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