DEPARTMENT OF THE NAVY
ratraD TMA
BOARL FOR GORKECTION OF WAVAL LA
25; 0, COURTHOUSE RI SUITE 100:
ARLINGTON VA, 22204-2490
BAN
Docket No.NRO6865-14
20 Ontoher 214
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub) :
ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Survivor Benefit Plan Program Manager Casualty Assistance
(PERS-13) memo of 25 Bug 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 Petitioner had
declined participation in the Survivor Benefit Plan (SBP), with
spousal concurrence, prior to his transfer to the Temporary Disability
Retired List (TDRL).
>. The Board, consisting of Mr. Ruskin, Mr. Vogt, and Ms. Bianchi
reviewed Petitioner's allegations of error and injustice on
7 October 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 atatutes,
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 iniustice warranting the following corrective
Docket No. NRO6865-14
action.
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, as
follows:
a. Prior to Petitioner's 29 Decemper z0i5 Lrausierved he fo
Temporary Disability Retired List, he declined enroliment in the
Survivor Benefit Plan (SBP), with spousal concurrence.
Note: Petitioner is entitled to a reimbursement of all SBP premi up.
already: paid. so
p. 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,
it is certified that quorum was present at the
Board's review ang Geliberations, and that the fo
complete record of the poard’s proceedings in the above entitled
matter.
Bs 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 923.6le)} and having assured
th its provisions, it is hereby announced that the
compliance wi
uthority of reference
foregoing corrective action, taken under the @
(a), has been approved by the Board on pehalf of the secretary of the
Navy. /
7
90 October 2014
ROBERT J. O' NETL
Executive Director
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