DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
,
S
MEH: ddj
Docket No: 7793-01
5 February 2002
Ref:
Encl :
----
-
-
.-
(a) Title
10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) NPC memorandum of 15 January 2002
(3) Subject ’s naval record
Pursuant to the provisions of reference (a), Subject ’s widow, hereinafter referred to as
1.
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. Brezna, Mr. Pfeiffer, and Ms. Hare, reviewed Petitioner
allegations of error and injustice on 5 February 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.
’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
(2), the Board finds the existence of an injustice warranting the
contents of enclosure
following corrective action.
the
RECOMMENDATION:
That Subject’s naval record be corrected, where appropriate, to show that:
Docket No:
7793-01
a.
Prior to his 25 February 1976 transfer to the Fleet Reserve he enrolled in SBP for
spouse coverage, at the full base amount,
other election or declination executed by Subject
was not notified of her husband ’
by Barber v. United States. Mrs
naming
annuity at the maximum level.
as the beneficiary. Any
the evidence indicates
decline SBP. In keeping with the
uld therefore be entitled to an SBP
b.
SBP premiums, which would ha
retired pay, should be deducted from Mrs
ted from Petty
ture benefits.
Offic
C.
Petty Office
died on 13 March 1983.
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
a=&--~
G. L. ADAMS
Acting 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.
5 February 2002
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