DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 MEH:ddj
Docket No: 6487-00
8 May 2001
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
End: (1) DD Form 149 w/attachments
(2) BUPERS memorandum of 12 April 2001
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject’s spouse,
hereinafter referred to as
Petitioner, filed enclosure (1) with this Board requesting, in effect,
that the applicable naval
record be corrected to show enrollment in the Survivor Benefit Plan (SBP),
pursuant to the
BARBER decision.
2. The Board, consisting of Messrs. Bartlett, Beekett, and Mimer, reviewed
Petitioner~ s allegations of error and injustice on 8 May 2001 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. 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.
Ref: (a) Title 10 U.S.C. 1552
Docket No: 6487-00
RECOMMENDATION:
That Subject’s naval record be corrected, where appropriate, to show that:
a. Prior to his 1 July 1993 transfer to the Fleet Reserve he enrolled in
SBP for spouse coverage, at the full base amount naming as the
beneficiary. Any other election or declination executed by Subject is null
and void as the evidence indicates Mrs. was not notified of her husband’s
decision to decline SBP. In keeping with the precedent set by Barber v.
United States, Mrs. should therefore be entitled to an SBP annuity at the
maximum level.
b. SBP premiums that would have been deducted from Chief Petty Officer
retainer pay since he transferred to the Fleet Reserve on 1 July 1993
should be deducted
from Mrs. future benefits.
c. Chief Petty Office died on 12 August 1999.
d. 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.
Q~-~L ~s—
ROBERT D. ZSALMAN G. L. ADAMS
Recorder 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.
8 May 2001
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