Search Decisions

Decision Text

NAVY | BCNR | CY2003 | 02023-03
Original file (02023-03.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

MEH: ddj
Docket No: 2023-03
20 May 2003

From: Chairman, Board for Correction of Naval Records
To:

Secretary of the Navy

Subj:

R?iEw 

0~ NAV AL 

RECORD

Ref: (a)

Title 10 U.S.C. 1552

Encl:

(1)
(2)
(3)

DD Form 149 w/attachments
NPC memorandum of 15 April 2003
Subject’s naval record

1. Pursuant to the provisions of reference (a), Subject hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected to show timely enrollment in the Survivor Benefit Plan (SBP) for spouse coverage.

2. The Board, consisting of Messrs. Exnicios, Pauling, and Zsalman, reviewed Petitioner’s
allegations of error and injustice on 20 May 2003 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.

3. The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations
of error and injustice, finds as follows:

a. Before applying to this Board, Petitioner exhausted all administrative remedies

available under existing law and regulations within the Department of the Navy.

b. Petitioner transferred to the Fleet Reserve on 31 November 1992. At that time
was not married but had a dependent child and enrolled in SBP for child only coverage.

he

Petitioner 

married-n 30 December 2000. He states that he

C.

contacted the Defense Finance and Accounting Service, Cleveland (DFAS-CL) in June 2001
in order to add his new spouse to his existing SBP child coverage. He alleges DFAS
advised him he was calling too early and that he needed to be married one year before
starting SBP. Petitioner further alleges he was never advised of the requirement to make an
election before his first anniversary.

d.

In  March 2002 Petitioner again contacted DFAS. At that time he was told that he
had waited too long. A third call provided him with the correct timelines regarding SBP
enrollment and directed him to apply to the Board.

e.

In correspondence attached as enclosure 

(2),  the office having cognizance over the

’s application has recommended that the Board not
subject matter addressed in Petitioner
correct Petitioner ’s record. This recommendation is based on the guidelines presented in the
DOD Financial Management Regulation (Vol 
7B), which states  “if a member with child only
coverage later marries or remarries, he or she may within one year of that marriage enroll
their new spouse in the SBP;
assertion that he contacted DFAS in a timely manner to request enrollment. The advisory
opinion also noted that  “Shift Colors, ”the retirees ’ quarterly newsletter, regularly features
articles providing SBP information.

” as well as Petitioner ’s lack of documentation to support his

CONCLUSION

Upon review and consideration of all the evidence of record, and notwithstanding the
(2), the Board finds the existence of an injustice warranting the
contents of enclosure 
following corrective action. Although Petitioner provided no written documentation
supporting his alleged discussions with DFAS the Board found his statements to be
creditable based on its personal experience in a significant number of cases where petitioners
were similarly misinformed regarding enrollment of a newly acquired spouse. Additionally,
“Shift Colors ” regularly publishes the toll free number for Retired Pay at DFAS-Cleveland
and this office is a major source of information for many retirees. The Board believes it is
reasonable for retirees, including Petitioner, to assume the information received from such a
source is accurate.

RECOMMENDATION:

That Petitioner ’s naval record be corrected, where appropriate, to show that:

a. He executed a written request to add his new spouse

existing SBP child only coverage. His request was received by cognizant authority and
became effective 29 December 2001, one year from the date of marriage.

) to his

b. Retroactive SBP costs will be recouped from Senior Chief

retired pay account.

C. 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.

Docket No: 2023-03

ROBERT D. ZSALMAN
Recorder

mn-‘h

G. L. ADAMS
Acting Recorder

5. The foregoing action of the Board is submitted for your review

iand action.

17  

2003

JUN 

Reviewed and approved:
K&xx
. 
Assistant General Counsel
(Manpower and Reserve Affairs)

L&L



Similar Decisions

  • NAVY | BCNR | CY2003 | 00983-03

    Original file (00983-03.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 MEH:ddj Docket No: 983-03 20 May 2003 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj : Ref: (a) Title 10 U.S.C. Pursuant to the provisions of reference (a), Subject hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show timely enrollment in the Survivor Benefit...

  • NAVY | BCNR | CY2008 | 02945-08

    Original file (02945-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 september 2008. Sincerely, Enclosure 26 Aug 08 MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Via: Assistant for BCNR Matters (PERS-31C) Subj: COMMENTS AND RECOMMENDATIONS ICO DOCKET NO. In response to reference (a), recommend the BCNR not correct [ehh record to reflect that he enrolled his spouse in the Survivor Benefit Plan (SBP)...

  • NAVY | BCNR | CY2007 | 08304-07

    Original file (08304-07.rtf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion furnished by NPC Memo dtd 13 Nov 07, a copy of which is attached.After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable...

  • NAVY | BCNR | CY2007 | 11294-07

    Original file (11294-07.rtf) Auto-classification: Denied

    11294-07 11 March 2008This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 10 March 2008. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. In...

  • NAVY | BCNR | CY2007 | 09865-07

    Original file (09865-07.rtf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.Sincerely,W. requested to enroll her spouse in the SBP on 7 August 2006.

  • NAVY | BCNR | CY2003 | 00500-03

    Original file (00500-03.pdf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your spouse's naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion furnished by NPC memorandum of 7 March 2003, a copy of which is attached. c. Information regarding the SBP open enrollment periods was widely publicized in "Shift Colors" (the Navy retirees' quarterly newsletter) which is...

  • NAVY | BCNR | CY2007 | 00888-07

    Original file (00888-07.rtf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion furnished by NPC Memo dtd 11 Apr 07, a copy of which is attached.After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable...

  • NAVY | BCNR | CY2002 | 08056-01

    Original file (08056-01.pdf) Auto-classification: Denied

    ’s naval record A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 January 2002. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your spouse and applicable statutes, regulations and policies. Additionally, quarterly newsletter) PERS-62 and local Retired Activities Offices been available to provide information regarding SBP...

  • NAVY | BCNR | CY2008 | 05886-08

    Original file (05886-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 September 2008. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your deceased husband's naval record and applicable statutes, regulations and policies. Per reference (a), recommend BCNR not correct record to reflect that he enrolled his spouse in the Survivor Benefit Plan (SBP).

  • NAVY | BCNR | CY2001 | 08438-01

    Original file (08438-01.pdf) Auto-classification: Denied

    When you were divorced in November 1999 the court ordered you to furnish your former spouse with SBP coverage. In response to reference (a), recommend the BCNR not correct Petty Officer -record changed his election under the Survivor Benefit Plan (SBP) from spouse to former spouse coverage category within one year of his divorce. Additionally, a member who refuses coverage for an eligible spouse in favor of children only category is prohibited from electing spouse coverage at a later date...