DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 § COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No.NR06073-13
15 April 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: a
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Headquarters United States Marine Corps (HOMC}) memo
1741 MMSR-6K of 28 Oct 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 a declination of
Survivor Benefit Plan coverage.
2. The Board, consisting of Messrs. Zsalman, Exnicios and
George, reviewed Petitioner’s allegations of error and injustice
on 7 April 2014 and, pursuant to its regulations, determined
that the partial 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
Petitioner’s request warrants partial relief as described below.
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,
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate,
as follows::
a. Petitioner was auto-enrolled in the Survivor Benefit
Plan (SBP) “spouse and child” category of coverage prior to his
retirement date of 1 October 2008.
b. Petitioner made a timely written request to terminate
SBP coverage within the 25-36 month timeframe on 1 November
2010.
c. Petitioner is entitled to a refund for SBP premiums
paid from the date of his termination request to present.
d. That so much of Petitioner's request for corrective
action as exceeds the foregoing be denied for the following
reason: Petitioner's spouse was covered under SBP from the time
of his retirement to the date he terminated coverage.
e. 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
lete record of the Board’s
foregoing is a true and comp
proceedings in the above entitled matter.
ROBERT D. ZSALMAN BRON { Anchors
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.
15 April 2014 oN a
ROBERT D. 2SALMAN
Acting Executive Director
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