D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 W
JLP: tj
Docket No: 1648-99
10 August 1999
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj :
REVIEW OF NAVAL RECORD
Ref:
(a) Title 10 U.S.C. 1552
Encl :
(1) DD Form 149 wlattachments
(2) BUPERS Memorandum 5420 Ser N133Dl99348 of 6 July 1999
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Subject hereinafter referred to as Petitioner,
filed enclosure (I) with this Board requesting, in effect, that the applicable naval record be
corrected to show that he had at least 14 months of active service beyond his prior EAOS to
establish entitlement to Continuous Submarine Pay (CONSUB).
2. The Board, consisting of Messrs. Dunn, Swarens, and Ms. Hare, reviewed Petitioner's
allegations of error and injustice on 3 August 1999 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 adminislrative 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: 1648-99
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, to show that the 13 month
extension was executed on 7 August 1997 vice on or about 30 June 1999 to establish
CONSUB Pay entitlement effective 7 August 1997.
a. 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.
ROBERT D. ZSALMAN
Recorder
Lo- G. L. ADAMS
Acting 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.
10 August 1999
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTE 0R1TY DRIVE
MILLINGTON T N 3 8 0 5 5 - 0 0 0 0
15 Jul 99
-
MEMORA
NDUM FOR
EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
NAVAL RECORDS (BCNR)
Via:
Assistant for BCNR Matters (PERS-OOZCB)
Subj: COMMENTS AND RECOMMENDATION ICO CPO
USN(RET.) (DECEASED), DOCKET NO. 03275-99
--
Ref: (a) BCNR memo Pay of 23 Feb 99
Per reference (a), recommend the BCNR not correct Chief
h ecord to reflect that he enrolled in the Survivor
Benefit Plan (SBP) prior to transferring to Fleet Reserve on
1 November 1976.
2. This recommendation is based on the following:
a. Chief -transferred
to the Fleet Reserve on
1 November 1976 and to the Retired List on 1 August 1986. He
declined participation in SBP when he transferred to the Fleet
Reserve.
b. Chief -divorced
after he retired. He married-
October 1998. Chief -died
on 29 December 1998.
-in
3. The survivor plan available to ~ h i e f m w h e n he
transferred to the Fleet Reserve was the Survivor Benefit Plan
(SBP). SBP is a voluntary, contributory program that requires a
retiree to forfeit a small portion of their retired pay in order
to provide an annuity to survivors after their death. Chief
I d i d not enroll in SBP, choosing instead to receive his full
retired pay. There was no requirement to notify spouses that a
member declined to participate. There were opportunities for
Chief -to
30 September 1982 and 1 April 19
He did not enroll.
enroll in SBP during the 1 October 1981 to
rch 1993 open seasons.
Activities Branch
(PERS-622)
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