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NAVY | BCNR | CY2007 | 10559-07
Original file (10559-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                              WASHINGTON DC 20370-5100



DJC
 Docket No. 10559-07
11 March 2008

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
En cl :    (1) DD Form 149 w/attachments
 (2)      NPC Memo dtd 4 Feb 08
(3)      Subject’s naval record
1.       Pursuant to the provisions of reference (a) Subject widow, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to enrollment in the Survivor Benefit Plan (SBP) pursuant to the BARBER decision.
2.       The Board, consisting of Mr. Zsalman, Mr. Pfeiffer, and Mr. George, reviewed Petitioner’s allegations of error and injustice on 10 March 2008 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. 10559-07
RECOMMENDATION:
That Subject’s naval record be corrected, where appropriate, to show that:
a.       Prior to his 30 July 1976 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.       Subject died on 26 June 2007.
d.       A copy of this Report of Proceedings will be filed in Subject’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 7 23.6(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 March 2008   
         W. DEAN PFEIFFER
          Executive Director








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