DEPARTHIENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE RD SUITE 1004
ARLINGTON VA 22204-2480
BAN
Docket No.NRO2194-14
23 July 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
subj: ————eEV7”"n
Ref: (a) Title 10 U.S.C. 1552
Fncl: (1) DD Form 149 w/attachments
(2) Survivor Benefit Plan Program Manager Casualty Assistance
Section, {(PERS-13) of 19 Jun 2014
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 (SBP) coverage with spousal concurrence before his
retirement.
2. The Board, consisting of Messrs. Zsalman, Ruskin and Exnicios
reviewed Petitioner’s allegations of error and injustice on
21 July 2014 and, pursuant te 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 onder 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.NRO2194-14
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, as
follows:
a. Petitioner submitted a timely written request declining SBP
coverage with spousal concurrence prior to his transfer to the
Temporary Disability Retired List om 28 January 2012. Hie request was
received and processed by cognizant authority and became effective 27
January 2012, one day before hig retirement.
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. ~, ]
ROBERT D. ZSALMAN CASH
Recorder ecor
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.
23 July 2014 Tp
ROBERT D. ZSALMAN
Acting Executive Director
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