DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH:ddj
Docket No: 4446-01
20 November 2001
From
To:
: Chairman, Board for Correction of Naval Records
Secretary of the Navy
Ref: (a)
Title 10 U.S.C.
1552
Encl:
(1)
(2)
(3
DD Form 149 w/attachments
CMC memorandum 1760 MMSR-6J of 17 August 2001
Subject’s naval record
Pursuant to the provisions of reference (a), Subject ’s widow, hereinafter referred to as
in effect, that the applicable naval
1.
Petitioner, filed enclosure
record be corrected to show enrollment in the Survivor Benefit Plan (SBP), pursuant to the
BARBER decision.
( 1) with this Board requesting,
2. The Board, consisting of Mr. Chapman, Mr.
Petitioner’s allegations of error and injustice on 20 November 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.
McPartlin, and Ms. McCormick, reviewed
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
Dep’artment of the Navy.
b.
In correspondence attached as enclosure
(2), the office having cognizance over
subject matter addressed in Petitioner ’s application has commented to the effect that the
request has merit and warrants favorable action.
the
CONCLUSION
Upon review and consideration
contents of enclosure
following corrective action,
of all the evidence of record, and especially in light of the
(2), the Board finds the existence of an
iIi_justice warranting the
RECOMMENDATION:
That Subject’s naval record be corrected,
where appropriate, to show that:
Docket No: 4446-01
a.
Prior to his 1 November 1987 retirement he enrolled in SBP for spouse coverage, at
as the beneficiary. Any other election or
1s null and void as there is no evidence
namin
the full base amount,
declination executed by
the required written concurrence with her spouse ’
the precedent set by Barber v. United States Mrs.
at the maximum level.
SubJect
Mrs.wrovided
ion to decline SBP. In keeping with
should be entitled to an SBP annuity
I
b.
SBP premiums that would have been deducted from Sergeant
Majo
tired
pay should be deducted from Mrs.-future benefits.
C.
Sergeant
Majo
ied on 1 April 1993.
d. That a copy of this Report of Proceedings be filed in Petitioner
’s naval record.
Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
4.
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
(J=AcLdL
&(_
G. L. ADAMS
Acting Recorder
Pursuant to the delegation of authority set out in Section 6(e) of
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,
the Board on behalf of the Secretary of the Navy.
taken under the authority of reference (a), has been approved by
the revised Procedures
20 November 2001
Executive
Direct0
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