DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 05097-08
18 August 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
Encl: (1) DD Form 149 w/attachments
(2) Deputy Director Casualty Assistance Section (N135C) of
4 Aug 08
(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 Messrs. Pfeiffer, Zsalman, and Exnicios,
reviewed Petitioner’s allegations of error and injustice on
18 August 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
Docket No. 05097-08
the existence of an injustice warranting the following corrective
action. ,
RECOMMENDATION:
Subject enrolled in the Survivor Benefit Plan (SBP) for spouse
coverage, at the full base amount, naming 2p as ch
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 6 February 2008.
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. HESS, It
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.
18 August 2008 LR
W. DEAN PF
Executive D XL
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