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NAVY | BCNR | CY2004 | 01905-04
Original file (01905-04.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 20370-5100

                   MEH:ddj
                  Docket No: 1905-04
                  11 May 2004

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy

Subj:    AE1 USN, RETIRED (DECEASED), REVIEW OF NAVAL RECORD
Ref:     (a) Title 10 U.S.C. 1552

End: (1) DD Form 149 w/attachments
(2)      NPC memorandum of 6 April 2004
(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. Koman, Mr. Mimer, and Ms. McCormick, reviewed Petitioner’s allegations of error and injustice on 11 May 2004 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.


Docket No: 1905-04

RECOMMENDATION:

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

a.       Prior to his 17 April 1978 transfer to the Fleet Reserve he enrolled in SBP for spouse coverage, at the full base amount, naming as the beneficiary. Any other election or declination executed by Subject is null and void as the evidence indicates Mrs. was not notified of her spouse’s decision to decline SBP. In keeping with the precedent set by Barber v. United States she should be entitled to an SBP annuity at the maximum level.

b.       SBP premiums which would have been deducted from Subject’s retired pay will be deducted from Mrs future benefits.

c.       Subject died on 22 November 1992.

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        G L. ADAMS
Recorder         Acting 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 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.


11 May 2004

                                            W. DEAN PFEIFFER
         Executive Director











DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
 WASHINGTON DC 20370-5100       


         MEH:ddj
         Docket No. 1905-04
         12 May2004


Dear:

This is in reference to your application for correction of your deceased spouse’s naval record submitted pursuant to the provisions of title 10 of the United States Code, section 1552.

The final decision in your case is set forth in the Board’s report of proceedings, a copy of which is enclosed. The approved changes to your spouse’s naval record will be made by the Chief of Naval Personnel (CNP). After CNP makes these changes the Defense Finance & Accounting Service (DFAS) will review his record and make payment of any money that you may be entitled to. Questions concerning money paid and/or the manner of computation should be directed to DFAS-DE/FYCC, 6760 E Irvington Place, Denver CO 80297-7000. Also, you should immediately notify DFAS of any change in your mailing address.



G. L. ADAMS Head, Pay Section

Copy to:
DFAS w/o enclosures
CNP w/o enclosures














DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 20370-5100





         MEH:ddj
                  Docket No: 1905-04
                  12 May 2004
From:    Chairman, Board for Correction of Naval Records

To:      Chief of Naval Personnel

Subj:    AE1, USN, RETIRED (DECEASED),

Ref:     (a) 10 U.S.C. 1552

End:     (1) Approved findings, conclusions and recommendations of BCNR, less enclosures

1.       In accordance with reference (a), the Board for Correction of Naval Records has reviewed allegations of error and injustice in the naval record of the subject.

2.       The Regulations approved by the Secretary of the Navy, require that the naval record of subject to be corrected, where appropriate, in accordance with the approved recommendation of the Board as contained in enclosure (1).

3.       By copy of this letter, the Defense Finance & Accounting Service, DFAS-DE/FYCC, is authorized to pay all monies lawfully found to be due as a result of the above correction to subject’s naval record.

4. The Board has advised the Petitioner of the approved recommendation.

5. It is requested that this letter and enclosures be placed in the subject’s official record, and that this Board be furnished a copy of any correspondence relating to this approved recommendation.



G. L. ADAMS
By direction

Copy to:
DFAS-DE/FYCC
BuPers (Pers 313)

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