DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 $. COURTHOUSE RE SUITE 100"
ARLINGTON VA 22204-2490
BAN
Docket No.NR0O2405-14
23 July 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy ,
Subj:
Ref: (a) Title 10 U.S.C. 1552
Enel: (1) DD Form 149 w/attachments
(2) Survivor Benefit Plan Program Manager Casualty Assistance
Section, (PERS-13) of 25 Jun 2014
(3) Subdject’s naval record
1. Pursuant te 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 Subject changed his
Survivor Benefit Plan (SBP) election from spouse to former spouse
within one year of his divorce on 23 September 2010.
>. The Board, consisting of Messrs. Zsalman, Ruskin and Exnicios
reviewed Petitioner’s allegations of error and injustice on
21 July 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 Eollows:
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
Docket No.NRO2405-14
the existence of an injustice warranting the following corrective
action.
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate, as
follows:
ss g.~=s Petitioner submitted a timely written request to change his
eBP election from “spouse” to “former spouse" a_i. His
request was received and processed by cognizant authority and became
effective 24 September 2010, one day after the date of his divorce.
b. Request was pursuant to a court order.
c. 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 DA CASH
Recorder Acti oo r
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 TTR AD fo
ROBERT D. ZSALMAN
Acting Executive Director
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