DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROA®, SUITE 100%
ARLINGTON, VA 22204-2490
DIC
Docket No. NR1122-13
4 Sep 13
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Ref: {a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC Memo dtd 30 May 13
(3) Subject’s naval record
1. 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 the Petitioner declined enrollment in the Survivor Benefit
Plan (SBP).
2. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman, and
Mr. George, reviewed Petitioner’s allegations of error and injustice
on 3 September 2013 and, pursuant to its regulations, determined that
the corrective action indicated below should de taken on the available
evidence of record. Documentary material considered by the Board
consisted of the enclosures, naval records, and applicable statutes,
reguiations 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.
bd. 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. NR1122-13
RECOMMENDATION :
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. Prior to his 27 September 2011 transfer to the Temporary
Disability Retired List he declined enrollment in SBP. Any other
election or declination executed by Petitioner is null and void.
b. A copy of this Report of Proceedings will »e filed in
Petitioner’s naval record. ‘
4. 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 BRONTE I. MONTGOMERY }
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
(ai, has been approved by the Board on behalf of the Secretary of the
Navy.
4 Sep 13 LS
W. DEAN PFEL
Executive Diréc
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