DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No. 3499-06
27 September 2006
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
e
Subj: REVIEW OF NAVAL RECORD ICO
Ref
Encl: (1) DD Form 149 w/attachments
(2) NPC memo of 28 Aug 06
(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 fete CK and a a,
reviewed Petitioner's allegations of error and injustice on 26
September 2006 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. 3499-06
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. Prior to his 12 October 1979 transfer to the Fleet Reserve he
enrolled i SBP for spouse coverage, at the full base amount, naming
— ibn’ 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. Subject died on 26 December 2005.
d. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
A. 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 WILLIAM J. HESS, 4.
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.
27 September 2006 \y
W. DEAN PF
Executive Di r
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