DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH : ddj
Docket No: 1838-00
23 May 2000
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Ref:
Encl:
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) CMC memorandum 1760 MMSR-6J of 29 March 2000
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject’s widow, 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. Pfeiffer, Ms. Davies, and Ms. Hare, reviewed Petitioner ’s
allegations of error and injustice on 23 May 2000 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
following corrective action.
(2), the Board finds the existence of an injustice warranting the
RECOMMENDATION:
That Subject’s naval record be corrected, where appropriate, to show that:
Docket No: 1838-00
a.
Prior to his 1 August 1981 transfer to the Retired List he enrolled in SBP for spouse
coverage, at the full base amount, naming
election or declination executed by Subject
s the beneficiary. Any other
the evidence indicates Mrs.
was not notified of her
husban;s decision to decline SBP. In keeping with the
mhould therefore be entitled to an
precedent set by Barber v. United States, Mrs.
SBP annuity at the maximum level.
b. SBP premiums which would have been deducted from Captain
Retainer
he transferred to the Retired List on 1 August 1981 should be deducted from Mrs.
future SBP benefits.
c. Captain
died 13 December 1991.
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.
G;*
ROBERT D. ZSALMAN
Recorder
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
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.
Naval Records (32 Code of Federal Regulations, Section
23 May 2000
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