DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 § COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No.NRO6023-13
15 May 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
Ref: (a} Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Headquarters Marine Corps {HQMC) memo i741 MMSR-6K of 9 Apr
2014
1. Pursuant to the provisions of yeference (a) Petitioner, filed
enclosure (1) with this Board requesting, in effect, that the
applicable naval record be corrected to show he was enrolled in the
Survivor Benefit Plan (SBP) coverage for “spouse” prior to his
retirement on 1 Apr 1974.
2. The Board, consisting of Messrs. Zsalman, Ruskin and George, reviewed
Petitioner's allegations of error and injustice on 12 May 2014 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
Eavorable 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.NR06023-13
RECOMMENDATION:
That Subject's naval record be corrected, where appropriate, as follows:
a. Prior to Subject’s transfer to the Retired List on Wi?
he enrolled in SBP for spouse coverage, at the full base amount, naming
his spouse ¥ cee cne sole beneficiary.
b.
c. SBP costs that would have been deducted from Sujiect’s retired
pay will be deducted from Petitioner's benefits. No annuity will be
paid to Petitioner until all unpaid costs have been reimbursed. No
waiver of premiums is authorized.
d. A copy of this Report of Proceedings will be filed in
Subject’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
Roard’s review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter. Wh
ROBERT D. ZSALMAN BRO . MONTGOMERY
Recorder Acti R ¥
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.
15 May 2014 Te, ane
ROBERT D. ZSALMAN
Acting Executive Director
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