DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 & COURTHOUSE RD SUITE 100%
ARLINGTON VA 22204-2480
BAN
Docket No .NRO6947-13
2 December 2013
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub]:
Ref: (a) Title 10 U.S.C. 1552
Enel: (1) DD Form 149 w/attachments
(2) Survivor Benefit Plan Program Manager Casualty Assistance
(PERS-13) memo of 30 Sep 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 enrolied
his current spouse in the Survivor Benefit Plan (SBP) within one year
of their marriage.
2. The Board, consisting of Messrs. pfeiffer, zsalman, and Exnicios,
reviewed Petitioner’s allegations of error and injustice on
22 November 2013 and, pursuant to its reguiations, 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 Eollows:
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
Docket No.NRO6947-13
the existence of an injustice warranting the following corrective
action.
RECOMMENDATION :
That Petitioner's naval record be corrected, where appropriate, as
follows:
a. Petitioner enrolled his spouse aa in the
Survivor Benefit Plan (SBP) under “spouse” category of coverage, at
the full base amount, within one year of their marriage on 8 April
2010.
NOTE: Since Petitioner was not married at the time of his retirement
on 30 June 1998, and did not have any eligible dependents, he was
erroneously enrolled. Therefore, Petitioner is authorized a
reimbursement of SBP premiums paid from July 1998 to the date of his
marriage on 8 April 2010, when he elected SBP “spouse” category of
coverage at full base amount.
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.
Bunt { bankippnncy/
ROBERT D. ZSALMAN BRONTE I. MONTSOMER
Recorder Acting Recorder
5. Purguant 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 9723.6{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 LoPerd? “
W. DEAN toh
Executive Dirge
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