DEPARTMENT OF THE NAVY
NAVAL RECORDS
BRD FOR CORRECTION OF
BOAR
794 §, COURTHOUSE RD SUITE 1001
ARLINGTON VA 29904-2490
BAN
Docket No. NR:04239-13 ©
7 August 2014
Chairman, Board for Correction of Naval Records
From:
Secretary of the Navy
(a) Title 16 U.S.c. 1552
Ref:
attachments
(1) DD Form 149 w/
1 Counsel 5420 P
(2) Office of Lega
Encl:
ERS- 000 of 17 Jul 2014
1, Pursuant to ns of reference (a) Petitioner,
filed enclosure (1) with this Board requesting, in effect, that
aval record b how a timely
the applicable n
written request for conversion from spouse to former §
coverage under the Surviv
the provisio
consisting of Messrs.
2, The poard,
legations ©
reviewed Petitioner's al
August 2014 and, pursuan
corrective action indicated
evidence of record. Documentary materia
consisted of the enclosures, naval records,
statutes, regulations and policies.
3 The Board, havin
etitioner’s allegations
a. Before applying to this Board, Petitioner exhausted all
pie under existing law and —
administrative remedies availa
regulations within the Department of the Navy.
ttached as enclosure (2), the office
ubject matter addressed in Petitioner's
b. In correspondence 4
that the request has merit
having cognizanc
application has
and warrants favorable action.
CONCLUSION
f record, and
n of all the evidence ©
the Board
Upon review and consideratlo
ght of the contents of enclosure (2),
especially in 1i
finds the existence of an injustice warranting tne followsng
corrective action.
RECOMMENDATION :
That Subject’s naval record be corrected, where appropriate, as
ora t cr .
Folsaowse:
. a. Subject executed a written request to change his SBP
coverage from spouse TO former spouse SBP coverage: at the same
level of coverage as previously elected, naming
as the sole beneficiary. The request was received by
cognizant authority and became effective
Following the date of divorce.
b. The request was in compliance with a court order.
NOTE: SBP costs were deducted trom Subject’s retired pay, but
refunded to Subject's current spouse after his death due to her
receiving Dependent Indemnity Compensation (DIC) in lieu of SBP
annuity. However, pn must repay -
all SBP premiums costs from her app annuity. No annuity will be
paid to petitioner until all unpaid costs have been reimbursed.
No waiver of premiums is authorized.
oc. Subject died on 9 February 2013.
a4. A copy of this Report of proceedings will 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
Section 723.6(¢)) it 1s certified that quorum was
gs review and deliberations, and that the
oard’s
Regulations,
present at the Board’
foregoing is 4 erue and complete record of the
proceedings in the above entitled mat
A
ROBERT D. ZSALMAN AViD
Recorder Roti
CASH
Recorder
Eis pursuant to the delegation of authorit out in Section
6(e) of the revised proceaures 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
taken under Lhe
unced that the foregoing corrective action,
y the Board on
(a), has been approved bd
f the Navy.
anno
authority of reference
pehalf of the Secretary 9°
7 Bugust 2014
| a “Tn
(a ee La ee
cs
ROBERT D. ASALMAN
acting Executive Director
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