DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE-100°
ARLINGTON, VA 22204-2490
DIC
Docket No. NR6800-14
° 9 Dec 14
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC memo dtd 18 Nov 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 timely request for conversion from spouse to former spouse
coverage under the Survivor Benefit Plan (SBP).
2. The Board, consisting of 4_ai-——npeseapin pees,
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
the existence of an injustice warranting the following corrective
action.
Docket No. NR6800-14
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. Prior to his 31 October 2001 transfer to the Fleet Reserve,
Petitioner enrolled in SBP for former spouse coverage, at the full
base amount, naming QM as the beneficiary. Any other
election or declination executed by Petitioner is null. and void.
b, Note: Petitioner and QM were divorced on 23 June
1999. . Furthermore, on 24 August 1999, divorce decree was amended to
reflect former spouse SBP coverage provision.
¢. . SBP premiums which would have been deducted from Petitioner's
retired pay. since his transfer to the Fleet Reserve will be deducted
from Petitioner’s future benefits. No waiver of unpaid costs will be
granted.
d. A copy of this Report of Proceedings will be filed in
Petitioner's naval record.
4. It is certified that quorum was pres
deliberations, and that the foregoing is
the Board's proceedings in the above en
t at the Board’s review and
true and complete record of
led matter.
Recorder
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)) 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.
9 Dec 14
ROBERT J. O'NEILL
Executive Director
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