DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket: 1607-09
28 June 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: US NAVY (RET)
(DECEASED) ; REVIEW OF NAVAL RECORD
Ref: -{a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC ltr 5420 POOJ1/081 of 3 Jun 2010
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a) Subject’s widow,
as hereinafter referred to as Petitioner, filed
enclosure (1) with this Board requesting, in effect, that the
applicable naval record be corrected to show that Subject was
automatically enrolled in the Survivor Benefit Plan (SBP) upon
his transfer to the Fleet Reserve on 1 June 2002.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and
George reviewed Petitioner’s allegations of error and injustice
on 28 June 2010 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.
Docket: 1667-09
married Petitioner in 1984.
He ceanetem to the Fleet Reserve on I June 2002. 1
ce. Prior to his transfer to the Fleet Reserve, Es
submitted an SBP election certificate (DD 2656). However, the
government representative who accepted the election certificate
failed to personally witness Petitioner actually affixing her
signature to block 35 of the SBP election certificate (DD 2656).
6. CT ::-. on 2 September 2004. He was not
ennoties in the SBP and had paid no SBP costs (premiums} .
e. Petitioner avers that she did not sign block 35 of the
SBP election certificate (DD 2656). She requests that the
record be corrected to invalidate the DD 2656 and to show that
as «.:.: automatically enrolled in the Survivor Benefit
Plan (SBP) upon his transfer to the Fleet Reserve.
f. In correspondence attached as enclosure (2), the Office
of Legal Counsel of the Navy Personnel Command has commented to
the effect that the request has merit and warrants favorable
action. Because the government representative failed to follow
prescribed procedures to personally witness Petitioner actually
affixing her signature to block 35 of the SBP election
certificate, the election certificate as filed should be
considered invalid.
CONCLUSION
Upon review and consideration of ail the evidence of record, and
especially in light of the contents of enclosure (2), the Board
finds the existence of an error warranting corrective action.
There is doubt about the authenticity of the signature in block
35 of the SBP election certificate (DD 2656). The doubt exists
because the government representative accepting the election
certificate failed to follow the Navy’s standard procedures for
witnessing the spouse’s signature. In the Board’s view, the
doubt should be resolved in favor of Petitioner, the DD 2656
should be considered invalid and SD snouia be
enrolled in SBP effective 1 June 2002 under the automatic
coverage provisions.
1 at the time of his transfer to the Fleet Reserve, he was still married and
he had two children. His youngest child was born on 26 November 1984.
2
Docket: 1607-09
RECOMMENDATION :
That Petitioner's naval record be corrected, where appropriate,
to show that:
a. The DD 2656 dated 29 December 2001 is null and void.
b. Ss «:: automatically enrolled in SBP in the
“spouse and child” category of coverage upon his transfer to the
Fleet Reserve on 1 June 2002.
ec. Petitioner is responsible for the retroactive costs
(premiums) that are due as a result of the automatic enroliment
described above. No waiver of the costs will be granted.
a. That a copy of this Report of Proceedings 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 (¢) 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. 4SALMAN WILLIAM Jd. [ith jw
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.
28 June 2010
Lo Beant
W. DEAN I R
txecutive irector
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