DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No. 01656-12
5 November 2012
From: Chairman, Board for Correction of Naval Records
IO: Secretary of the Navy
Subj: REVIEW OF NAVAL o_o
USN (RET) (DECEASED) ,
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 10 Sept 2012
1. Pursuant to the provisions of reference (a) Subject’s former
spouse 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 coverage under the Survivor Benefit
Plan (SBP) within one year of his divorce.
2. The Board, consisting of Messrs. Ruskin, Exnicios, and George,
reviewed Petitioner’s allegations of error and injustice on
5 November 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. 01656-12
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 Subject’s naval record be corrected, where appropriate, as
follows:
a. Subject executed a written request for conversion from
souse to former spouse SBP coverage, at the same level of coverage
as previously elected (reduced amount), vonins a: the
sole beneficiary. The request was received by cognizant authority
and became effective 5 February 2004, the day following the date of
divorce.
b. A copy of this Report of Proceedings will be filed in
Subject’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 matte
JONATHAN S. RUSKIN DA
Recorder Acti
5. 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.
5 November 2012
r ‘ / ( .
Due hr J. loots
qu W. DEAN PFEIFFER
Executive Director
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