DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S COURTHOUSE RD SUITE 1004
ARLINGTON VA 22204-2490
BAN
Docket No.NRO09112-13
23 April 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: (Si
a)
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) of 19 Mar 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 a timely written request
for Survivor Benefit Plan conversion from spouse to former spouse
coverage within one year from the date of his divorce.
2. The Board, consisting of Messrs. Zsalman, Ruskin and George, reviewed
Petitioner's allegations of error and injustice on 14 April 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 ail
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.NRO9112-13
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, as
follows:
a. Petitioner executed a timely written request for conversion from
“spouse” to “former spouse” SBP coverage, at the same level of coverage
as previously elected, naming as the sole
beneficiary. The request was received by cognizant authority and became
effective 25 May 2011, one day after the date of their divorce.
b. 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 fu I. MONTGOMER
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. \
Lape
23 April 2014 ytd x
ROBERT D. ZSALMAN
Acting Executive Director
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