DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC
20370-5100
MEH:ddj
Docket No: 7882-01
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 1 November 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: 7882-01
a.
Prior to his 30 May 1974 transfer to the Fleet Reserve he enrolled in SBP for
spouse coverage, at the full base amount, naming-s the beneficiary. An
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, Mrs
an SBP annuity at the maximum level.
Mrs.-as not notified of her husband ’s decision to decline SBP. In keeping
should therefore be entitled to
y
b. SBP premiums, which would have been deducted from Chief Petty Officer-
pay since he transferred to the Fleet Reserve, should be deducted from Mrs.
benefits.
-L-_ future
C. Chief Petty Officer-died on 1 September 1986.
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
aLA-
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.
15 January 2002
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