DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
DIC ;
Docket No. NR7171-13
18 Apr 14
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
{2) HOMC memo 1741 MMSR-6K dtd 25 Nov 13
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a) Subject, hereinafter
referred to as Petitioner, filed enclosure (1) with this Board
requesting, in effect, that the applicable naval record be corrected
to show termination of Survivor Benefit Plan (SBP) coverage.
2. The Board, consisting of Mr. Zsalman, Mr. George, and
Mr. Exnicios, reviewed Petitioner's allegations of error and injustice
on 7 January 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 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
the existence of an injustice warranting the following partial
corrective action.
Docket No. NR7171-13
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. Petitioner submitted a properly completed and timely DD Form
2656-2, Survivor Benefit Plan (SBP) Termination Request, asking that
his SBP spouse coverage be terminated. His request was received and
processed by cognizant authority and became effective 30 April 2011.
b. That part of the Petitioner's request for corrective action
that exceeds the foregoing is denied. Records show that the
Petitioner was automatically enrolled in SBP spouse coverage as a
result of the Defense Finance and Accounting Service (DFAS) not
receiving a valid election prior to his date of retirement.
In this case, the Petitioner’s spouse has been protected under the SBP
since his date of retirement and would have received an SBP annuity
based if he had died since his date of retirement.
c. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
4. 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. Laltoney
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. ;
18 Apr 14 TR LS, menue
ROBERT D. ZSALMAN
Acting Executive Director
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