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DIC
Docket No. NR3942-14
13 Nov 14
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
ot):
Ret: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2} NPC memo dtd 7 Oct 14
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a) Subject’s mother,
hereinafter referred to as Petitioner, filed enclosure (1) with this
Board requesting, in effect, that the applicable naval record be
corrected to show he Geclined enrollment in the Survivor Benefit Plan
(SBP).
2, The Board, consisting of Mr. Ruskin, Ms. McCain, and Mr. Exnicios,
reviewed Petitioner’s allegations of error and injustice on
12 November 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
congisted 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 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. NR3942-14
RECOMMENDATION:
That Subject’s naval record be corrected, where appropriate, to show
that:
a. Prior to-his 30 September 2003 transfer Lo Lhe Fieet nesetve,
ne declined enrollment in SBP. He did not have an eligible spouse
beneficiary. = | a
ae
b. subject died 2
c. A copy of this Report of proceedings will be filed in
Supject’s naval record.
4. It is certified that quorum was present at the Board's review and
deliberations, and that the foregoing rue and complete record of
the Board's proceedings in the above e
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)) an@ having assured
compliance with its provisions, it 3s 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.
ROBERT J. O'NEILL
Executive Director
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