DEPARTMENT OF THE NAVY
SAM ori at fh fal MreAnne
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BOARD FUR CURRC TION kit INP VEL PME bee
ARIIRTUAIIE OOM foie 74a
WIRTROUSE ROAT Te
ARLINGTON, VA 22204-2480
DIC
Docket No. NR948-14
28 Aug 14
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
TAN pene ERONE
Ref: (a) Title 10 U.J3.C. 1552
Encl: (1) DD Form 14) w/attachments
(2) NPC memo di:d 27 Aug 14
(3) Subject’s aval record
1. Pursuant to the p-ovisions 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 Petitioner de/slined participation in the Survivor Benefit Plan
(SBP).
2. .The Board, consisting of Mr. Zsalman, Mr. George, and Mr. Ruskin,
reviewed Petitioner’ allegations of error and injustice on
4 August 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 enc]osures, naval records, and applicable statutes,
regulations and polidies.
3. The Board, havin¢ reviewed all the facts of record pertaining to
Petitioner’s allegat ons of error and injustice, finds as Follows:
a. Before appliving to this Board, Petitioner exhausted all
administrative remed.es available under existing law and regulations
within the Departmen): of the Navy.
b. In correspojidence attached as enclosure (2), the office
having cognizance ovr 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 jof the contents of enclosure (2), the Board finds
the existence of an/injustice warranting the following corrective
action.
RECOMMENDATION :
That Petitioner's navel record be corrected, where appropriate, to
show that:
a. Petitioner declined participation in the survivor Benefit
Plan prior to his 31 uly 2013 transfer to the Fleet Reserve. At that
time, his spouse was orovided with information explaining the
advantages and disadv ntages of the SBP and she knowingly and
voluntarily concurred) in the decision to decline participation.
b. A copy of tlis Report of Proceedings will be filed in
Petitioner's naval record.
4, It ip certified toat 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.
ROBERT D. ZSALMAN B B A. NAHULAK
Recorder Acting Recorder
5. Pursuant to the| delegation of authority set out in Section 6 (e)
of the revised Proceilures of the Board for Correction of Naval Records
(32 Code of Federal Regulations, Section 723.6(e)) and having assured
compliance with its brovisions, 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.
28 Aug 14
ROBERT J. O'NEILL
Executive Director
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