DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5106
DIC .
Docket No. 11811-08
9 September 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
EC
Subj: ORD ICO
e
REVIEW OF NAVAL R
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC Memo dtd 5 Feb 09
(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).
2. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman, and
Mr. George, reviewed Petitioner’s allegations of error and injustice
on 8 September 2009 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
Docket No. 11811-08
RECOMMENDATION:
That Subject's naval record be corrected, where appropriate, to show
that:
a. Prior to his 15 May 1973 transfer to the Temporary Disability
Retired List he enrolled in SBP for spouse coverage, at the full base
amount, naming RNG as the beneficiary. Any other election
of 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 21 May 1973.
d. Petitioner, SNMP requested an SBP annuity on 22 May
1973, the day following Subject’s death.
e. Note: Petitioner, @eeinie ; currently in receipt of
Dependents Indemnity Compensation (DIC) from the Veterans Affairs.
f. 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. ASALMAN vem LO J. HESS,
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.
9 September 2009 ect D fo
Foe iw, DEAN PFEIFFER
Executive Director
NAVY | BCNR | CY2008 | 04720-08
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. The Board, consisting of Mr. Zsalman, Mr. Pfeiffer, and Mr. George, reviewed Petitioner’s allegations of error and injustice on 8 September 2008 and, pursuant to its regulations, determined that...
NAVY | BCNR | CY2010 | 06798-10
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 enrollment in the Survivor Benefit Plan (SBP) pursuant to the BARBER decision. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman, and Mr. George, reviewed...
NAVY | BCNR | CY2009 | 02685-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 DIC Docket Neo. 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. CONCLUSION Upon review and consideration of all the evidence of record, and especially...
NAVY | BCNR | CY2008 | 09372-08
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, 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). The Board, consisting of Mr. Pfeiffer, Mr. Zsalman, and Mr. Exnicios, reviewed Petitioner’s allegations of error and injustice...
NAVY | BCNR | CY2008 | 11995-08
Pursuant to the provisions of reference (a) Subject’s former spouse, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable ‘naval record be corrected to show that after his divorce from eile December 2006, Subject submitted a written request changing his Survivor Benefit Plan (SBP) beneficiary election from “spouse” to “former spouse.” 2. & 1450(£) (3) to change the 1 Under the rules governing SBP, when a person with suspended...
NAVY | BCNR | CY2013 | NR2022-13
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS Hind BF GRRL poi Toren MS Se ISTE pe sted Ce See et | ie ee et Pe ARLINGTON, VA 22204-2490 DIC Docket No. 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) and timely written request for conversion from spouse and child to former...
NAVY | BCNR | CY2009 | 12493-09
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 he corrected to show enrollment in the Survivor Benefit Plan (SBP) pursuant to the BARBER decision. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman, and Mr. George, reviewed...
NAVY | BCNR | CY2007 | 10559-07
10559-07 11 March 2008From: Chairman, Board for Correction of Naval Records To: Secretary of the NavySubj: REVIEW OF NAVAL RECORD ICORef: (a) Title 10 U.S.C. 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....
NAVY | BCNR | CY2008 | 06172-08
06172-08 25 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. Pursuant to the provisions of reference (a) Subject’s widow, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that Subject enrolled his spouse in the Survivor Benefit Plan (SBP) pursuant to the BARBER decision. The Board, consisting of Messrs. Pfeiffer, Zsalman, and...
NAVY | BCNR | CY2002 | 08107-02
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 MEH:ddj Docket No: 8 107-02 4 February 2003 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD Ref: (a) Title 10 U.S.C. 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...