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NAVY | BCNR | CY2006 | 03106-06
Original file (03106-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100




 DJC
 Docket No. 3106-06
31 January 2007
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVI E W OF NAVAL RECORD ICO
Ref:     (a) Title 10 U.S.C. 1552
End:     (1) DD Form 149 w/attach m ents
 (2)      NPC Memo dtd 4 Jan 07
(3)      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 enrollment in the Survivor Benefit Plan (SBP) pursuant to the BARBER decision.

2.       The Board, consisting of Mr. Geisler, Mr. George, and Mr. Wade, reviewed Petitioner’s allegations of error and injustice on 30 January 2007 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.
CONCLUS ION

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. 3106-06 RECO M MENDAT ION:
That Petitioner’s naval record be corrected, where appropriate, to show that:

 a.       Prior to his 31 May 1985 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 there is no evidence Petitioner was notified of her spouse’s decision to decline SBP.
b.       SBP premiums, which would have been deducted from Subject’s retired pay since his transfer to the Fleet Reserve will be deducted from Petitioner’s future benefits.
         c.       Petty Officer First Class        died on 10 October 2002.

 d.       A copy of this Report of Proceedings will be filed in Petitioner’s naval record.
4.       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        WILLIAM J. HESS, II
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.



 31 January 2007












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