DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
ee pote POD Tat et perm ne
PUG. WIESE A I ue.
ARLINGTON VA 22204-2490
BAN
Docket No.NRO1162-13
30 July 2013
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub}: 2,
a
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Survivor Benefit Plan Program-Manager Casualty Assistance
{PERS-13) of 25 Jun 2613
(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 15 December 2004.
2. 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 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 effice
having cognizance over the subject matter addressed in Fetitioner’s
application has commented to the effect that the request has merit and
warrants favorable action.
CONCLUS IGN
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board finds
Docket No.NRO1162-13
the existence of an injustice warranting the following corrective
action.
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 Quy © His request
was received and processed by cognizant authority and became effective
16 December 2004, one day after the date of his divorce.-
b. 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 DAVIP | di. CASH
Recorder — Aet ecorder
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.
30 July 2013
TR YD, id
eor_W. DEAN PFEIFFER
Executive Director
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