DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 § COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No.NRO6812-13
2 December 2913
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
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eS
Ref; (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Survivor Benefit Plan Program Manager Casualty Assistance
{PERS-13}) memo of 23 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 that Petitioner changed
his Surviver Benefit Plan (SBP) election from former spouse and child
to spouse and child on 11 April 2009.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and George,
reviewed Petitioner’s allegations of error and injustice on
25 November 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 alli the evidence of record, and
especially in light of the contents of enclosure (2), the Board finds
Docket No.NROG6&812-13
the existence of an injustice warranting the following corrective
action.
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, as
follows:
a. Petitioner changed his voluntary Survivor Benefit Pian
election from “former spouse and child” to “spouse and child” on 11
April 2009 upon his marriage to his current spouse Qa. at
the full base amount.
NOTE: DFAS will need to contact “former spouse” to notify her that
she is no longer listed as a SBP beneficiary.
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 Regulaticns,
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 { MONTGOMERY
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.
2 December 2013 Ld ‘
t
W. DEAN PFETHF
Executive Director
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