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NAVY | BCNR | CY1999 | 05437-99
Original file (05437-99.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 N A W  ANNEX 

WASHINGTON DC  20370-5100 

JRE 
Docket No:  5437-99 
25  August  1999 

From:  Chairman, Board  for Correction of  Naval  Records 
To: 

Secretary of  the Navy 

Subj : 

REVIEW OF NAVAL RECORD 

Ref: 

(a)  10 U.S.C.  1552 

Encl: 

(1)  DD Form  149 

1.  Pursuant to the provisions of reference (a), Petitioner, surviving spouse of  subject 
officer, filed enclosure (1) with  this Board  requesting, in  effect, that her  late husband's  naval 
record be corrected to  show that he was retired  by  reason  of  physical disability prior  to  his 
death, and  that  he elected spouse and  children coverage under the Survivor Benefit  Plan 
(SBP) at the maximum level, and  supplemental spouse coverage of 20 percent  of  the base 
amount under the SBP. 

2.  The Board, consisting of  Messrs.  George, Pfeiffer and  Zsalman, reviewed  Petitioner's 
allegations of  error and injustice on  25 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 administrative remedies 

available under existing law  and  regulations within  the Department of  the Navy. 

b.  Enclosure (1) was  filed in  a timely manner. 

c.  Subject sustained  severe injuries in  a motor  vehicle accident which  occurred  at 

approximately  1800 hours on  19 August  1999.  He expired the following day  at 0609 hours, 
while the Physical Evaluation  Board  was  processing  his case.  That processing  was  stopped 
after the Physical Evaluation Board  received confirmation of  Subject's  death. 

CONCLUSION: 

Upon  review and consideration of all the evidence of  record,  the Board  concludes that 
Subject's  disability evaluation proceedings should have been  completed prior  to his death. 
Had  that processing been  completed, he would  have been  transferred to the Temporary 
Disability Retired  List with  a rating of  100%. Accordingly, it finds the existence of an 
injustice warranting the following corrective action. 

RECOMMENDATION: 

a.  That Subject's  naval record  be corrected to show that he was transferred to the 

Temporary Disability Retired  List on  19 August  1999, pursuant to  10 U.S.  Code  1202, due 
to brain  trauma rated  at  100% under Department of  Veterans Affairs Schedule for Rating 
Disabilities code number 8099-8009; and  that he elected spouse and children coverage under 
the Survivor Benefit Plan at the maximum  level, and  supplemental spouse coverage under  the 
Survivor Benefit Plan  of 20 percent of  the base amount. 

b.  That a copy of  this Report of  Proceedings be filed in  Subject'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 a 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 

MES  R.  EXNICIOS 

/ 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. 



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