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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
704 S. COURTHOUSE RD SUITE 100%
ARLINGTON VA 22204-2490
BAN
Docket No.NRO2845-13
11 October 2013
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
Ref: fa) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments ;
(2) Survivor Benefit Plan Program Manager Casualty Assistance
(PERS-13} of 6 Sept 2013
1. Pursuant to the provisions of reference fa) Petitioner filed
enclosure (i) with this Board requesting, in effect, that the
applicable naval record be corrected to show that he enrolled in the
Reserve Component Survivor Benefit Plan (RCSBP), Under Option B with
Eul pei one year of his marriage co
>. 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
Docket No.NRO2845-13
action.
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, as
follows:
a. Petitioner submitted a timely written request_to ¢ 1 in
R nder Option B, with full spousal coverage for
om His request was received and processed by cognizant authority
ma became effective 6 August 1995, one day after his date of
marriage.
veda ge Te Sag
Note: Petitioner received his Notification Of Eligibility (NOE) on 13
March 1995 and elected Option B, maximum RCSBP spouse and child
category of coverage. He divorced Fhowever,
there was no former spouse provision in ree decree,
Petitioner maintained RCSBP coverage under Option or spouse and
child. He married nd requested
RCSBP coverage unde ithin the one year
requirement.
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 BRONTE I. MONTGQMER
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.
11 October 2013
TR pent DS, wee
ew W, DEAN PFELTPRFER
Executive Director
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