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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 8, COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No.NRO4846-13
1 October 2013
This is in reference to your application for correction of your navai
record pursuant to the provisions of 10 USC 1552.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
30 September 2013. Your allegations of error and injustice were
reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this Board. Documentary material
considered by the Board consisted of your application, together with
all material submitted in support thereof, your naval record and
applicable statutes, regulations and policies. The Board considered
the advisory opinion furnished by the Navy Personnel Command (NPC)
memo 1430 Ser 811/271 of 6 Sept 2013, a copy of which is being
provided to you.
After careful and conscientious consideration of the entire record,
the Board found that the evidence submitted was insufficient to
establish the existence of probable material error or injustice. In
making this determination, the Board substantially concurred with the
comments contained in the advisory opinion. Accordingly, your
application has been denied. The names and votes of the members of
the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the Board
reconsider its decision upon submission of new and material evidence
or other matter not previously considered by the Board. In this
regard, it is also important to keep in mind that a presumption of
regularity attaches to all official records. Consequently, when
applying for a correction of an official naval record, the burden is
on the applicant to demonstrate the existence of probable material
error or injustice.
Sincerely,
lo . on
wy :
Executive
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 190%
ARLINGTON VA 22204-2480
BAN
-Docket No. 11992-12
30 September 2013
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: {a) Title 10 U.S.C. 1552
Enel: (1) DD Form 149 w/attachments
(2) Office of Legal Counsel (PERS-000) of 26 Aug 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 10 January 2000.
2. 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. 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.
CONCLUS FON
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. 11992-12
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 ay His request
was received_and processed by cognizant a ority and became effective
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 BRONTE I. MONT ER
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.
30 September 2013
Re SD
Foi Ww. DEAN PFEIFFER
Executive Director
Fi Ani
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