DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
Hind BF GRRL poi Toren MS Se ISTE pe sted
Ce See et | ie ee et Pe
ARLINGTON, VA 22204-2490
DIC
Docket No. NR2022-13
17 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 31 Jul 13
(3) Subject’s navai 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 enrollment in the Survivor Benefit Plan (SBP) and timely
written request for conversion from spouse and child to former spouse
and child coverage under 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 16 September 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 enciosure (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 partial
corrective action.
Docket No. NR2022-13
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. Prior to his 31 May 2008 transfer to the Fleet Reserve he
enrolled in SBP for spouse and child coverage, at the full base
amount , nanins ia: the beneficiary. Amy other election
or declination execute y Petitioner is null and void.
b. ‘The petitioner executed a written request for conversion from
spouse and child to former spouse and child SBP soverage, at the same
level of coverage as previously elected, naming s the
beneficiary. The request was received by cognizan da
became effective 4 November 2010, the day following the date of
divorce.
c. The request was in compliance with a court order.
d. That part of the Petitioner's request for corrective action
that exceeds the foregoing is denied. Records show that the
Petitioner failed to enroll his spouse and child in the SBP program at
retirement. Furthermore, no premiums were ever paid. Therefore,
Petitioner is responsible for any unpaid SBP costs that would have
been deducted at the time of enrollment. No waiver of unpaid costs is
granted.
e. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
4. It ds 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.
Crore’
ROBERT D. ZSALMAN BRONTE T. MONT (ERY
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.
17 Sep 13 ee, (mene
roo W. DEAN PFEIFFER
Executive Director
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