DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
MEH:ddj
Docket No: 4000-01
6 November 2001
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Ref:
Encl:
(a) Title 10 U.S.C.
1552
(1) DD Form 149 w/attachments
(2) NPC memorandum of 3 October 2001
(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 Messrs.
iil.justice on 6 November 2001 and, pursuant to its regulations,
allegations of error and
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.
Novello, Pfeiffer, and Taylor, reviewed Petitioner ’s
3. The Board, having reviewed all the facts of record pertaining to Petitioner
of error and injustice, finds as follows:
’s allegations
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
injustice warranting the
the
RECOMMENDATION:
That Subject’s naval record be corrected, where appropriate, to show that:
Docket No: 4000-01
a.
Prior to his 30 September 1974 transfer to the Fleet Reserve he enrolled in SBP for
ion or declination executed by Subject is null
spouse coverage, at the full base amount, naming
other
Mrs.
precedent set by Barber v. United
annuity at the maximum level.
as not notified of her husband ’s d
Stites, Mrs.
’
as the beneficiary. Any
and void as the evidence indicates
’ n to decline SBP. In keeping with the
should therefore be entitled to an SBP
b.
SBP premiums, which would have been deducted from Master Chief Pet
tainer pay since transfer to the Fleet Reserve, should be deducted from
ture benefits.
cer
C. Master Chief Petty Officer
ied on
5 May 1995.
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
G. L. ADAMS
Acting Recorder
b
Pursuant to the delegation of authority set out
5.
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
the Board on behalf of the Secretary of the Navy.
in Section 6(e) of the revised Procedures
approved by
6 November 2001
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