DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH:ddj
Docket No: 4724-01
30 October 2001
:
From
To:
Chairman, Board for Correction of Naval
Secretary of the Navy
Records
Ref:
Encl:
(a) Title 10 U.S.C.
1552
(1) DD Form 149 w/attachments
(2) NPC memorandum of 28 September 2001
(3) Subject ’s naval record
Pursuant to the provisions of reference (a), Subject ’s widow, hereinafter referred to as
(I) with this Board requesting, 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.
2. The Board, consisting of Mr.
Petitioner’s allegations of error and
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.
on 30 October 2001 and, pursuant to its
il!justice
Pfeiffer, Mr.
Zsalman, and Ms. Hare, reviewed
3. The Board, having reviewed all the facts of record pertaining to Petitioner
of error and in-justice, 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.
In correspondence attached as enclosure
(2), the office having cognizance over the
b.
sub.ject 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,
I+~ird finds the existence of an
contents of enclosure
following corrective action.
(2), the
and especially in light of the
il1.j
ustice warranting the
RECOMMENDATION:
That Subject ’s naval record be corrected,
where appropriate, to show that:
Docket No: 4724-01
a.
Prior to his 15 April 1974 transfer to the Fleet Reserve he enrolled in SBP for
spouse coverage, at the full base amount, namin
othe
Mrs
precedent set by Barber v. United States,
annuity at the maximum level.
as the beneficiary. Any
declination executed by Subject is null and void as the evidence indicates
not notified of her husband ’s decision to decline SBP. In keeping with the
Mrswshould therefore be entitled to an SBP
b.
SBP premiums. which would have been deducted from Senior Chief Petty Officer
etain’er pay since transferring to the Fleet Reserve, should be
deducted from Mrs.
C.
Senior Chief Petty Officer
died on 22 February 2000.
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
Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures
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 approved by
the Board on behalf of the Secretary of the Navy.
30 October 2001
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