DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
704 §. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
DIC
Docket No. NR41-14
13 May 14
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj
Ref: (a) Titie 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC memo 15 Apr 14
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a) Subject, hereinafter
referred to as Petitioner, filed enclosure (1) with this Board
requesting, in effect, that the applicable naval record be corrected
to show the petitioner’s incapacitated child was not enrolled in the
Survivor Benefit Plan (SBP).
2. The Board, consisting of Mr. Zsalman, Mr. George, and Mr. Ruskin,
reviewed Petitioner’s allegations of error and injustice on 12 May
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.
bp. In correspondence attached as enclosure (2), the office
having cognizance over the subiect 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. NR41-14
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
ghow that:
a. Prior to his 30 June 2010 transfer to the retired list, he
did not enroll one of his children, SMM due to being
incapacitated. Note: current spouse and child SBP coverage remains
the same for the remaining child.
b. A copy of this Report of Proceedings will he filed in
Petitioner's naval record.
4. 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.
bu |
ROBERT D. ZSALMAN RONTE I. MONTGUME
Recorder Acting Recorder
B 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.
13 May i4 TF pene (nm
ROBERT D. ZSALMAN
Acting Executive Director
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