DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No. 3058-11
1 Nov 11
From: Chairman, Board for Correction of Naval Records
To: 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 8 Sep ole.
(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 timely written request for 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 October 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. Subject transferred to the Fleet Reserve on 31 December 1993.
He was not married at the time. He was erroneously enrolled in the
Survivor Benefit Plan in the “spouse” category of coverage.
ce. Subject married ee ©: 27 October 1997.
d. Subject died on 12 September 2010.
e. 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.
Docket No. 3058-11
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.
RECOMMENDATION :
That Subject’s naval record be corrected, where appropriate, to show
that:
a. He executed a written request for spouse SBP coverage at the
full base amount, naming qe -: the beneficiary. His
request was received by cognizant authority and became effective
28 October 1997, the day following the date of marriage.
b. Subject died on 12 September 2010.
c. 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.
4
ROBERT D. ZSALMAN WILLIAM J. HESS, EET
Recorder Acting Recorder
By 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 Nov 12 ee SD, an
EVz_wW. DEAN PFEIFFER
Executive Director
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