DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2480
BAN
Docket No. 00315-12
12 March 2012
From: Chairman, Board for Correction of Naval Records
Tox Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD 72 ae ee
Ref: (8) 10 U.6.C. 1o52
Encl: (1) DD Form 149 w/attachments
(2) Headquarters Marine Corps (HOMC) memo 1800 MMSR-5 o£
7 Feb) 12
(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 Survivor Benefit Plan (SBP) within one year
of his divorce on 5 March 2004.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and George,
reviewed Petitioner’s allegations of error and injustice on
12 March 2012 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.
Docket No. 00315-12
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 Petitioner’s naval record be corrected, where appropriate,
as follows:
a. Petitioner executed a written request for conversion
from spouse to former spouse SBP coverage, at the same level of
coverage as previously elected, naming Pe
the sole beneficiary. The request was received by cognizant
authority and became effective 6 March 2004, the day following
the date of divorce.
b. The request was in compliance with a court order.
c. 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(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. y |
ROBERT D. ZSALMAN WILLIAM J. HESS, III
Recorder Acting Recorder
Bj 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.
12 March 2012 TR pa
teow_W. DEAN TFFER
Fxecutive Director
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