DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
MEH:ddj
Docket No:
2 October 2001
5780-01
From
To:
: Chairman, Board for Correction of Naval Records
Secretary of the Navy
Ref:
(a) Title 10 U.S.C.
1552
Encl :
(1) DD Form 149 w/attachments
(2) NPC
(3) Subject’s naval record
niemorandum of 4 September 200 1
Pursuant to the provisions of reference (a), Subject ’s widow, hereinafter referred to as
in effect, that the applicable naval
1.
Petitioner, filed enclosure (1) with this Board requesting,
record be corrected to show enrollment in the Survivor Benefit Plan (SBP) pursuant to the
BARBER decision.
of Messrs.
2. The Board, consisting
011 2 October 200 1 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.
injiistice
Heck&t,
Pfeiffer, and Whitener, 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, and especially in light of the
contents of enclosure
following corrective action.
f3oard finds the existence of an
ii?iustice warranting the
(2), the
RECOMMENDATION:
That Subject’s naval record be corrected, where appropriate, to show that:
Docket No: 5780-01
a.
Prior to his 29 March 1977 transfer to the Retired List he enrolled in SBP for
spouse coverage, at the full base amount, naming
othe
Mrs
prec
annuity at the maximum level.
‘as the beneficiary. Any
he evidence indicates
or declination executed by Subject i
was not notified of her husband ’s decision to decline SBP. In keeping with the
by Barber v. United States, Mrs
hould therefore be entitled to an SBP
b.
SBP premiums, which would have been deducted from Master Chief Petty Officer
Robson’s retainer pay, should be deducted from Mrs.
future benefits.
C. Master Chief Petty Officer
(lied on 6 May 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
proceeclings in the above entitled matter.
ROBERT D. ZSALMAN
Recorder
C&PA-
G. L. ADAMS
Acting Recorder
5.
Pursuant to the delegation of authority set
of the Board for Correction of Naval Records
723.6(e)) and having assured compliance with
foregoing corrective action, taken under the authority of reference (a), has been approved by
the Board on behalf of the Secretary of the Navy.
out in Section 6(e) of the revised Procedures
(32 Code of Federal Regulations, Section
its provisions, it is hereby announced that the
2 October 2001
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