DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
704 0. COURTHOUSE RD SUITE 1007
ARLINGTON VA 22204-2490
BAN
Docket No.NRO0537-13
22 October 2013
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
Ref:
Encl: {1) DD Form 149 w/attachments
(2) Office of Legal Counsel (PERS-00J) of 5 Sept 2013
(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 that Subject changed his
Survivor Benefit Plan (SBP) election from spouse to former spouse
within one year of his divorce on 8 November 2007.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman and Exnicios
reviewed Petitioner's allegations of error and injustice on
11 October 2013 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.
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.
Docket No.NROO537-13
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, as
follows:
a. Subject submitted a timely written request to change his SBP
election from spouse to former spouse ee His
request was received and processed by cognizant aut ority and became
effective 9 November 2007, one day after the date of his divorce.
b. Subject died on 28 September 2011.
c. That a copy of this Report of Proceedings 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 Bure re MONTG!
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.
22 October 2013
Ye2_ W. DEAN PFEIFFER
Executive Director
NAVY | BCNR | CY2013 | NR2132-13
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 that Subject changed his Survivor Benefit Plan (SBP) election from spouse to former spouse within one year of his divorce on 1 September 2005. The Board, consisting of Messrs. Pfeiffer, Zsalman and George reviewed Petitioner's allegations of error and injustice on 20 August 2013 and, pursuant to its regulations, determined...
NAVY | BCNR | CY2013 | NR1162-13
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 that Subject changed his Survivor Benefit Plan (SBP) election from spouse to former spouse within one year of his divorce on 15 December 2004. The Board, consisting of Messrs. Pfeiffer, Zsalman and George reviewed Petitioner’s allegations of error and injustice on - 30 July 2013 and, pursuant to its regulations, determined...
NAVY | BCNR | CY2010 | 06787-10
Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that Petitioner enrolled in Survivor Benefit Plan (SBP) coverage under “spouse and child” category at the time of his retirement on 1 September 2007, and suspended SBP coverage for his spouse one day after the date of his divorce 20 June 2010. The Board, consisting of Messrs. Pfeiffer,...
NAVY | BCNR | CY2010 | 05316-10
1552 Encl: (1) DD Form 149 w/attachments (2) Deputy Director Casualty Assistance Branch (N135C) of 30 Aug 10 (3) Subject’s naval record dL... ursuant to the provisions of reference Petitioner, ZZ former spouse of filed enclosure (1) with this Board requesting, in effect, that the auelicable 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...
NAVY | BCNR | CY2013 | NR4846-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 September 2013. The Board, consisting of Messrs. Pfeiffer, Zsalman and Exnicios reviewed Petitioner’s allegations of error and injustice on 30 September 2013 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. In correspondence attached as enclosure (2), the office “having...
NAVY | BCNR | CY2009 | 03207-09
Pursuant to the provisions of reference (a) Subject hereinafter referred to as 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). The Board, consisting of Messrs. Zsalman, Pfeiffer, and Exnicios, reviewed Petitioner’s allegations of error and injustice on 20 July 2009 and, pursuant to its regulations,...
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 | CY2009 | 07893-09
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 a timely written request for conversion from spouse to former spouse coverage under the Survivor Benefit Plan (SBP). The Board, consisting of Messrs. Pfeiffer, Zsalman, and George, reviewed Petitioner’s allegations of error and injustice on 22 February 2010 and, pursuant to...
NAVY | BCNR | CY2008 | 11728-08
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 Subject enrolled his former spouse in the Survivor Benefit Plan (SBP) within one year of his date of divorce. The Board, consisting of Messrs. Pfeiffer, Z2galman, and Exnicios, reviewed Petitioner’s allegations of error and injustice on 20 July 2009 and, pursuant to its...
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...