DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No.NR06422-14
16 December 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO qui
Ref: {a} Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Survivor Benefit Plan Program Manager Casualty Assistance
Section, (PERS-13) of 13 Nov 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 Subject voluntarily
changed his Survivor Benefit Plan (SBP) election from spouse and
children to former spouse and children within one year of his divorce
on 18 June 2012. .
2. The Board, consisting CF A aa SN
reviewed Petitioner's allegations of error and injustice on
8 December 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.
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
Docket No.NRO6422-14
the existence of an injustice warranting the following corrective
action.
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, as
follows:
a. Petitioner submitted a timely written request to voluntarily
change his SBP election from “spouse and children” to “former spouse
‘and children". His request was received and processed by cognizant
‘ authority and became effective 19 June 2012, one day after the date of
his divorce.
b. Request was NOT pursuant to a court order.
c. 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.
DAVID J. CASH
Recorder
5 Pursuant to the delegatio f 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 723.6é(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.
16 December 2014
ROBERT J. O'NEILL
Executive Director
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