DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No.NROO0514-14
5 June 2014
Prom: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sa) A
eee,
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Survivor Benefit Program Manager Casualty Assistance
(PERS-13) of 30 Apr 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 declined Survivor
Benefit Plan coverage with spousal concurrence, prior to his
retirement.
2. The Board, consisting of Messrs. Zsalman, Ruskin and George, reviewed
Petitioner’s allegations of error and injustice on 2 June 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.
CONCLUS TON
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 foliowing corrective action.
Docket No.NROC514-14
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate, as
follows:
a. The Petitioner executed a written request for declination with
spousal concurrence, in the Survivor Benefit Plan (SBP) prior to his
transfer to the retired list on 1 July 2013.
b. Petitioner is authorized all retroactive back pay for SBP
“spousal” coverage already paid from date of retirement to present.
ce. A copy of this Report of Proceedings will be filed in
Petitioner's naval record. -
A, 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.
ROBERT D. Z4SALMAN BRONTE I. 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.
a Tete SS
5 June 2014 ‘
ROBERT D. ASALMAN
Acting Executive Director
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