DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F N A V A L RECORDS
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
MEH:ecb
Docket No: 2982-03
22 July 2003
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj :
REVIEW OF NAVAL R E C m
Ref:
(a) Title 10 U.S.C. 1552
Encl:
(1) DD Form 149 wlattachments
(2) PERS memo of 24 Jun 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, pursuant to the
BARBER decision.
2. The Board, consisting of Messrs. Grover, Leeman, and Zsalman, reviewed Petitioner's
allegations of error and injustice on 22 July 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.
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 the
contents of enclosure (2), the Board finds the existence of an injustice warranting the
following corrective action.
RECOMMENDATION:
That Subject's naval record be corrected, where appropriate, to show that:
Docket No: 2982-03
a. Prior to his 31 October 1980 transfer to the Fleet Reserve he enrolled in SBP for
spouse coverage, at the full base amount, namin
other election or declination executed by
~ r
the precedent set by Barber v. United States Mrs. -should
annuity at the maximum level.
as the beneficiary. Any
the evidence indicates
not notified of her husband's decision to decline SBP. In keepting with
be entitled to an SBP
. w a
s
s
b. SBP premiums which would have been deducted from Chief Petty Officer
-retainer
pay will be deducted from Mrs.-uture
benefits.
c. Chief Petty office-ied
on 29 August 1988.
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.
- &-
G. L. ADAMS
3' Acting Recorder
ROBERT D. ZSALMAN
Recorder
5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures 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 hcrcby 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.
22 July 2003
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