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NAVY | BCNR | CY2012 | 06433-12
Original file (06433-12.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490

 

BAN
Docket No. 06433-12
2 October 2012

From: Chairman, Board for Correction of Naval Records

    

To: Secretary of the Navy

Subj: REVIEW OF NAVAL RECORD OF |
Ref: (a) 10 U.S.C. 1552

Encl: (1) DD Form 149 w/attachments

(2) Survivor Benefit Plan Program Manager Casualty
Assistance (OPNAV N135C) memo of 14 Aug 2OL2
(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 15 September 2003.

2. The Board, consisting of Messrs. Pfeiffer, Zsalman and George,
reviewed Petitioner’s allegations of error and injustice on

24 September 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. 06433-—-1L2

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 carrected, where appropriate, as
follows: ‘

a. Subject executed a written request for conversion from
spouse to former spouse. SBP coverage, at the same level of
coverage as previously elected, naming iia the
sole beneficiary. The request was received by cognizant
authority and became effective 16 September 2003, the day
following the date of divorce.

b. 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.

ROBERT D. ZSALMAN WILLIAM J. HESS, Iil
Recorder Acting Recorder
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.

2 October 2012

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