NEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S COURTHOUSE RD SUITE 100%
ARLINGTON VA 22204-2490
BAN
Docket No.NRO3514-14
30 October 2014
Prom: Chaixten, Board fox Coxvreulivu UL Naval Rece.ds
To: secretary Of the Wavy
Ref: la} Title 10 U.S.C. 1552
Enel: (1) DD Form 14% w/attachments
(2) Survivor Benefit Plan Program Manager Casualty Assistance
Section (PERS-13} memo of 4 Sept 2014
1. Pursuant to the provisions of reference (a) Petitioner filed
enclosure (1) with this Board requesting, in effect, that Subject’s
naval record be corrected to show that he had “spousal” SBP category
of coverage for his spouse, @ a ied. at the time of his death
on 19 October 2013.
>. The Board, consisting of Messrs. Exnicios, Ruskin and Midboe,
reviewed Petitioner's allegations of error and injustice on
28 October 2014 and, pursuant to its regulations, determined that the
partial 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 Petitioner’s request
warrants partial relief as described below.
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 partial
corrective action.
Docket No.NRO3534-14
RECOMMENDATION :
That Subject’s navai record be corrected, where appropriate, as
follows:
a. On 31 January 1975, Subject transferred to the Fleet Reserve
and elected apousal coverade For hie Kenouse"
b. Subject and ee, - - - divorced on saa.
Pg Their divorce decree contained a requirement that he provide
"former spouse" SBP coverage. .
Note: "Former spouse" SBP coverage did not become effective until 1
March 1986. However, Subject could elect Natural Insurable Interest
to cover his "former spouse".
ce. In October 1984, Subject elected Natural Insurable Interest
for his "former spouse",
d. subject and SEMMIMMMEEEMMBye ve married on Ee
se. On ae when the law changed, Subject changed his
SBP coverage from Natural Insurable Interest to "former spouse”
coverage and listed his "former spouse" Se . « : the sole -
beneficiary.
£. Subject was in a "paid-up" SBP stetus on Qa
(ED io: ED
h. Subject died on Se.
i. Subject's estate and/or beneficiary is entitled to receive any
and all back pay due to his SBP change from Natural tnsurable Interest
co "former spouse" SBP coverage for QR |. ©
the date he was paid-up on
4. That so much of Petitioner’s request for corrective action as
exceeds the foregoing be denied.
k. A copy of this Report of Proceedings be filed in Subject'’s
naval recora.
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{(¢)) it is certified that quorum was present at the
Board's review and deliberations, and that the foregoing is a true and
mot) _ noitied
complete recora of the Board's er dn the above envitses
matter.
Bip
pat i “percrdey
5. Pursuant to the delegation of authority NS 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 provigions, it is hereby announced that the
foregoing partial corrective action, taken under the authority of
reference (a), has been approved by the Board on behalf of the
Secretary of the Navy.
~
30 October 2014
ROBERT J. O*NETLE
Executive Director
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