Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 04576-06
Original file (04576-06.rtf) Auto-classification: Approved
                                    DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
WASHINGTON DC 20370-5100



WJH
Doe No. 4576-06
27 Feb 2007


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

Subj:    REVIEW OF NAVAL RECORD ICO

Ref:     (a) Title 10 U.S.C. 1552

End:     (1) DD Form 149 w/attachments
(2) NPC memorandum 5420 PERS 4911 of 29 NOV 06
(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 that her deceased husband enrolled in the Reserve Component Survivor Benefit Plan and elected “Option C” (immediate annuity) when first eligible.

2.       The Board, consisting of Mr. Dawson, Mr. Tew and Mr. Bowen reviewed Petitioner’s allegations of error and injustice on 23 February 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.

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.







Do ck e t No. 4576-06


RECOMMENDATION:

That Petitioner’s deceased husband’s naval record be corrected, where appropriate, to show that:

a.       After receipt of the “Notification of Eligibility for Retired Pay” dated 8 September 2000, Commander submitted a timely Reserve Component Survivor Benefit Plan election certificate. The certificate showed that he elected “Option C” (immediate annuity to begin on the day after the member’s death) at the full base amount designating as the spouse beneficiary.

b.       A copy of this Report of Proceedings will 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        WILLIAM J. HES S, III
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 Feb 2007











2

Similar Decisions

  • NAVY | BCNR | CY2010 | 12037-10

    Original file (12037-10.pdf) Auto-classification: Approved

    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 that she submitted a timely application for annuity benefits under the Survivor Benefit Plan (SBP) after her husband’s death in 2001. The Board, consisting of Messrs. Pfeiffer, Zsalman, and George reviewed Petitioner’s allegations of error and injustice on 4 October 2010 and,...

  • AF | BCMR | CY2006 | BC-2006-00348

    Original file (BC-2006-00348.doc) Auto-classification: Approved

    She has learned since her husband’s death that this package was mailed as registered mail with a suspense date of 90 days, requiring an election of A, B, or C to determine her annuity. There is no evidence he made an RCSBP election at that time. A complete copy of the evaluation, with attachment, is attached at Exhibit C. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded by thanking the Air Force for...

  • NAVY | BCNR | CY2011 | 01254-11

    Original file (01254-11.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 DIC Docket No. 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 that the Petitioner applied for the Reserve Component Survivor Benefit Plan (RCSBP). The Board, consisting of Mr. Pfeiffer, Mr. Exnicios, and Mr. George, reviewed...

  • NAVY | BCNR | CY2013 | NR7197-13

    Original file (NR7197-13.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS Tot &. Pursuant to the provisions of reference (a) Subject’s daughter, hereinafter referred to as Petitioner, filed enclosure {1) with this Board requesting, in effect, that the applicable naval record be corrected to show the Widow made a claim for Reserve Component Survivor Benefit Plan (RCSBP) annuity payments within six years following the service member’s 60th birthday. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman,...

  • NAVY | BCNR | CY2010 | 08701-10

    Original file (08701-10.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a) Petitioner filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that she made a claim for Survivor Benefit Plan (SBP) annuity payments within six years following the death of her husband, : 2. The Board, consisting of Messrs. Zsalman, Exnicios, and George, reviewed Petitioner’s allegations of error and injustice on 23 May 2011 and, pursuant to its regulations, determined that...

  • NAVY | BCNR | CY2001 | 04647-01

    Original file (04647-01.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, the widow of a deceased enlisted member of the United States Naval Reserve filed an application with this Board requesting that her late husband's record be corrected to show that he was eligible for retired pay at age 60 and made an election under the Reserve Component Survivor Benefit Plan (RCSBP). With this correction Subject's record will show over 20 years of qualifying service. That Subject's naval record be corrected by...

  • NAVY | BCNR | CY2007 | 00250-07

    Original file (00250-07.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, the widow of a former enlisted member in the Naval Reserve, filed an application with this Board requesting, in effect, that her late husband's (Subject's) naval record be corrected to show that he was eligible for reserve retirement and that he elected spousal coverage under the Reserve Component Survivor Benefit Plan (RCSBP). The corrected record will then show that he completed 20 years of qualifying service in March 2006 and was...

  • AF | BCMR | CY2004 | BC-2004-02540

    Original file (BC-2004-02540.DOC) Auto-classification: Approved

    While the applicant claims she was not aware her husband had chosen the immediate annuity option for RCSBP and that she received written correspondence stating she was not eligible for benefits until her husband’s 60th birthday, records indicate the member received an RCSBP package explaining in detail how the RCSBP permits a member to provide a monthly annuity to their designated beneficiaries in the event of their death. ...

  • NAVY | BCNR | CY2010 | 11863-10

    Original file (11863-10.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON BC 20370-5100 DIC Docket No. 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 timely request to withdraw the Survivor Benefit Plan (SBP) termination request. The request to withdraw the termination request was received by the DFAS on 1 October...

  • NAVY | BCNR | CY2002 | 08203-01

    Original file (08203-01.pdf) Auto-classification: Approved

    Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show enrollment in the Reserve Component Survivor Benefit Plan (RCSBP) under Option “B”, vice Option “C”. The Board, consisting of Mr. Brezna, Mr. Pfeiffer, and Ms. Hare, reviewed Petitioner allegations of error and injustice on 5 February 2002 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence...