MEH: ddj
Docket No: 2799-03
24 June 2003
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj
:
REVIEW OF N
Ref:
(a) Title 10 U.S.C. 1552
Encl:
(1) DD Form 149 w/attachments
(2) NPC memorandum of 20 May 2003
(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 Messrs. Cooper, Dunne, and Tew, reviewed Petitioner
allegations of error and injustice on 24 June 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.
’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:
a.
Prior to his 3 July 1979 transfer to the Fleet Reserve he enrolled in SBP for spouse
coverage, at the full base amount,
Mrs.-was
or declination executed by Subject is null and void as the evidence indicates
not notified of her husband ’s decision to decline SBP. In keeping with the precedent set by
Barber v. United States
maximum level.
Mrs.I)bshould therefore be entitled to an SBP annuity at the
naming‘Self as the beneficiary. Any other election
b.
SBP
premitnns which would have been deducted from Chief Petty Office
retainer pay since he transferred to the Fleet Reserve will be deducted from
futur
C. Chief Petty
Officemied on 7 March 2002.
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
@&w
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.
24 June 2003
Executive Dire
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