Ps rAthlH6, DEPARTMENT OF THE NAVY
D
BONN NAIL Ae . _ rye = RaeRe
f es 235M BOARD FOR CORRECTION UF NAVAL REGUnvS
IPs Tere TF) a lhe
fai S. COURTHOUSL Re Gere bee
ARLINGTON VA 22204-2490
BAN
Docket No.NRO3454-14
16 September 2014
From: Chairman, Board for Correction of Naval Records
TO : Secretary of the Navy
sub} : Sel
Ref: fa) Tattle 10 iS. @. 2552
Encl: (1) DD Form 149 w/attachments
(2) Survivor Benefit Plan Program Manager Casualty Assistance
(PERS-13) of 22 July 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
declined participation in the Survivor Benefit Plan (SBP), with
spousal concurrence, prior to his transfer to the Temporery Disability
Retired List (TDRL).
2. The Board, consisting of Messrs. Zsalman, Ruskin and George
reviewed Petitioner's allegations of error and injustice on
18 August 2014 and, pursuant to its regulations, determined that the
corrective action indicated below should be taken on the available
evidence of record. Documentary materia! considered by the Boara
consisted of the enclosures, naval recoras, and applicable statutes,
regulations and policies.
2 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 ada@ressed 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
1 URS) bos, | a.
Docker No,NROS454-14
action.
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, as
follows:
a. Prior to Petitioner’s 27 June 2012 transterred to The
Temporary Disability Retired List, he declined enrollment in the
Survivor Benefit Plan (SBP), with spousal concurrence.
Note: Petitioner is entitled to a reimbursement of all 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 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. “ft
/ (LY)
J. CASH
‘ Recorder
Bi 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 1s 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.
16 September 2014
ROBERT J. O'NEILL
Executive Director
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