DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX .
WASHINGTON DC 20370-5100 MEH:ddj
Docket No: 1694-01
19 June 2001
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) BUPERS memorandum of 17 May 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 Mr. Bartlett, Ms. Humberd, and Ms. Newman, reviewed
Petitioner’s allegations of error and injustice on 19 June 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.
Docket No: 1694-01
RECOMMENDATION:
That Subject’s naval record be corrected, where appropriate, to show that:
a. Prior to his 30 July 1994 transfer to the Fleet Reserve he enrolled in SBP for spouse
coverage, at the full base amount, 12 Tin ge eMeaaERERA RRP the beneficiary. Any other
election or declination executed by the Subject is null and void as the evidence indicates Mrs.
id not provide concurrence. In keeping with the precedent set by Barber v.
States, Mrs<3QqMMMIED should be entitled to an SBP annuity at the maximum level.
b. SBP premiums that would have been deducted from Senior Chief Petty Officer Van
Allen’s retainer pay should be deducted from Mrs. 3@aQ@@MiMe>future benefits.
c. Senior Chief Petty Officer agigji@fedied on 28 January 1998.
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.
ROBERT D. ZSALMAN pre 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.
19 June 2001
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