DEPARTMENT OF ThE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE RD SUITE 190%
ARLINGTON VA 22204-2420
BAN -
Docket No.NRO3075-14
23 July 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
ea) AA
ns |
Ret: fa) Title 10 U.S.C. 1552
Encl: (i) DD Form 149 w/attachments
(2) Headquarters Marine Corps (HOMC) memo 1741 MMSR-6K of 8 Jul
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 Petitioner had no
eligible spouse beneficiary for participation in the Survivor Benefit
Plan (SBP) prior to his date of retirement.
>. 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 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 ag 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 Wo.NROSO75-14
RECOMMENDATION ;
That Petitioner's naval record be corrected, where appropriate, as
follows:
a. Prior to his 30 December 2011 transferred to the Retired
List, he declined enrollment in the Survivor Benefit Plan {SBP). He
was not married at the time ana ad no eligible bencficiaries.
Note: Petitioner is entitied to ali reimbursement of SBP premiums
already paid.
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 Rrocedures of the Board
for Correction of Naval Records (32 Code of Federal Reguiations,
‘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 ‘he above entitled
Matter. ; yy),
ROBERT D,. ZSALMAN DA . CASH
Recorder Acti ecorder
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 amnounced 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 RS
ROBERT D. ZSALMAN
Acting Executive Director
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