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NAVY | BCNR | CY1999 | 01648-99
Original file (01648-99.pdf) Auto-classification: Approved
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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