DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 06829-11
9 September 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj}: REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.s.c. 1552
Encl: (1) DD Form 149 w/attachments
(2) Deputy Director Casualty Assistance Branch. (N135C) of
26 Juli il
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a) Petitioner filed
enclosure (1) with this Board requesting, in effect, that
Subject’s applicable naval record be corrected to show that he
changed his Survivor Benefit Plan (SBP) coverage from spouse to
former spouse within one year of his date of divorce.
2. The Board, consisting of Messrs. Zsalman, Pfeiffer, and George,
reviewed Petitioner's allegations of error and injustice on
22 August 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
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
reguiations 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.
Docket No. 06829-11
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, as
follows:
a. Subject submitted a timely written request to change his
Survivor Benefit Plan (SBP) coverage from spouse to former spouse
one day after the date of his divorce on 3 June 1999 £rom >
b. The change from spouse to former spouse was court-ordered.
c. Subject died on 9 January 2011.
ad. A copy of this Report of Proceedings will 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(¢)) it 1s 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.
pean 02
ROBERT D. ZSALMAN WILLIAM J. HESS, IIi
Recorder Acting Recorder
5B. 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
pehalf of the Secretary of the Navy.
9 September 2011 (oS \e
NAVY | BCNR | CY2011 | 05886-11
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 that he changed his Survivor Benefit Plan (SBP) coverage from “spouse” to “former spouse” within one year of the date of his divorce. The Board, consisting of Messrs. Zsalman, Pfeiffer, and Exnicios, reviewed Petitioner's allegations of error and injustice on 24 October 2011 and, pursuant to its regulations, determined that...
NAVY | BCNR | CY2013 | NR9112 13
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 Survivor Benefit Plan conversion from spouse to former spouse coverage within one year from the date of his divorce. The Board, consisting of Messrs. Zsalman, Ruskin and George, reviewed Petitioner's allegations of error and injustice on 14 April 2014 and, pursuant to its regulations, determined...
NAVY | BCNR | CY2010 | 07079-10
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 that he submitted a timely written request to add his new spouse, QB +. The Board, consisting of Messrs. Pfeiffer, Zsalman, and Exnicios, reviewed Petitioner’s allegations of error and injustice on 14 February 2011 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the...
NAVY | BCNR | CY2009 | 01461-09
Pursuant to the provisions of reference (a) Subject’s former spouse, 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 conversion from spouse to former spouse coverage under the Survivor Benefit Plan (SBP) within one year of his divorce. The Board, consisting of Messrs. Pfeiffer, Zsalman, and George, reviewed Petitioner's allegations of error and injustice on 22...
NAVY | BCNR | CY2010 | 06700-10
The Board, consisting of Messrs. Pfeiffer, Exnicios and 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. RECOMMENDATION: That Subject’s naval record be corrected, where appropriate, as follows: a. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of...
NAVY | BCNR | CY2009 | 02479-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BAN Docket No. The Board, consisting of Messrs. Zsalman, Pfeiffer, and George, reviewed Petitioner’s allegations of error and injustice on 22 June 2009 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. 02479-09 RECOMMENDATION: That Petitioner's naval record be corrected, where appropriate,...
NAVY | BCNR | CY2012 | 06433-12
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 on 15 September 2003. The Board, consisting of Messrs. Pfeiffer, Zsalman and George, reviewed Petitioner’s allegations of error and injustice on 24 September 2012 and, pursuant to...
NAVY | BCNR | CY2010 | 13605-10
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BAN Docket No. Pursuant to the provisions of reference (a) Subject’s former spouse, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that Subject submitted a timely written request for conversion from spouse to former spouse under the Survivor Benefit Plan, at reduced amount, within one year...
NAVY | BCNR | CY2011 | 01116-11
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5109 BAN Docket No. 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 Subject submitted a timely written request for conversion from spouse to former spouse coverage under the Survivor Benefit Plan (SBP) electing as the sole beneficiary. In February 2011, Petitioner applied to BCNR...
NAVY | BCNR | CY2013 | NR6055 13
In May 2013, Petitioner a _— my applied deceased former spouse's to BCNR re ing to correct her " |g record to show that he elected former spouse coverage within one year of his divorce, pursuant to a divorce decree, enclosure (1). to DFAS requesting former spouse SBP coverage within one year of their divorce, as required by law. Although the Board recognized that Petitioner, at that time, did not submit a deemed election within one year from the date of divorce as required by law, the...