DEPARTMENT OF THE NAVY
BO ARD FO R CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH:ddj
Docket No: 5353-01
15 January 2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Ref:
(a) Title 10 U.S.C. 1552
Encl:
(1) DD Form 149 w/attachments
(2) NPC memorandum of 4 December 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 Mr.
Novello, and Ms. Hare, reviewed
Petitioner’s allegations of error and injustice on 15 January 2002 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, Mr.
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.
In correspondence attached as enclosure
(2), the office having cognizance over the
b.
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,
(2), the Board finds the existence of an
contents of enclosure
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: 5353-01
a.
Prior to his 10 September 1976 transfer to the Fleet Reserve he enrolled in SBP for
fas the beneficiary. Any
spouse coverage, at the full base amount, naming
other election or declination executed by the Subject is null and void as the evidence
indicates
with the precedent set by Barber v. United States,
to an SBP annuity at the maximum level.
Mrs.-was not notified of her husband ’s decision to decline SBP. In keeping
Mrs.would therefore be entitled
b.
SBP premiums, which would have been deducted from Petty
Officd)lJIIIIIIcu pay
since he transferred to the Fleet Reserve, should be deducted from Mrs. Jackson
benefits.
’s future
C.
Petty Officer-died on 3 October 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
record of the Board ’s proceedings in the above entitled matter.
true and complete
ROBERT D. ZSALMAN
Recorder
GL
G. L. ADAMS
Acting Recorder
h-
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.
15 January 2002
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