Y
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH : ddj
Docket No: 219940
1 August 2000
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj
:
Ref:
Encl:
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) CMC memorandum 1760 MMSR
(3) Subject’s naval record
-65 of 1
1 May
2OCKI
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 Messrs. Kastner, Neuschafer, and Taylor, reviewed Petitioner’s
allegations of error and injustice on 1 August
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.
2CKKl and, pursuant to its regulations,
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,
contents of enclosure
(2), the Board finds the existence of an
following corrective action.
and especially in light of the
injustice warranting the
RECOMMENDATION:
That Subject’s naval record be corrected, where appropriate, to show that:
Docket No:
2199-O
a. Prior to his 1 May 1997 retirement he enrolled in SBP for spouse coverage, at the
s the beneficiary. Any other election or declination
full base amount, naming
executed by
Mrs.--was not notified of
her husban’s decision to decline SBP. In keeping with the precedent set by Barber v. United
States
Mrswhould therefore be entitled to an SBP annuity at the maximum level.
Subjectti null and
v&as the evidence indicates
b. SBP premiums which would have been deducted from Chief Warrant
retainer pay since his retirement on 1 May 1997 should be deducted from
SBP benefits.
Office-
Mrs.- future
c. Chief Warrant Officer
ied 14 December 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.
ROBERT D. ZSALMAN
Recorder
GLPd-kA.
G. L. ADAM
Acting Recorder
9
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.
1 August 2000
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