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NAVY | BCNR | CY2013 | NR8693 13
Original file (NR8693 13.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE RD SUITE 1901
ARLINGTON VA 22204-2490

 

BAN
Docket No.NRO8693-13
5 June 2014

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

 
   

Sub}: a

Ref: (a) Title 10 U.S.C. 1552

Enel: (1) DD Form 149 w/attachments
(2) Survivor Benefit Program Manager Casualty Assistance
(PERS-13) of 13 May 2014
{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 he selected the
Survivor Benefit Plan coverage for his spouse only and not for his
child who is incapacitated, prior to his retirement.

2. The Board, consisting of Messrs. Zsalman, Ruskin and George, reviewed
Petitioner’s allegations of error and injustice on 28 May 2014 and,
pursuant to its regulations, determined that the corrective action
sndicated below should be taken on the available evidence of record.
Documentary material congidered 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 jnjustice, 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 corrective action.
Docket No.NRO8693-13
RECOMMENDATION:

That Petitioner's naval record be corrected, where appropriate, as
follows:

a. Petitioner was married aaa Of Saenenaennaneee

b. The Petitioner executed a written request for Survivor Benefit
Plan (SBP) for “spouse only” coverage for
prior to his transfer to the retired list on

c. Petitioner is authorized all back pay for SBP *child”
coverage paid from date of BCNR approval to present.

d. A copy of this Report of Proceedings will 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 entitied
matter.

 
   

ROBERT D. ZSALMAN BRONTE I. MONTGOMEGY
Recorder Acting Recorder

5. Pursuant to the delegation of authority set out in Section 6(e)
of the revised Procedures of the BoaraG 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. :

5 June 2014 eee

ROBERT D. ZSALMAN
Acting Executive Director

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