DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket Neo. 2685-09
21 July 2009
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) NPC Memo dtd 26 May 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)
pursuant to the BARBER decision.
2. The Board, consisting of Mr. Zsalman, Mr. Pfeiffer, and
Mr. Exnicios, reviewed Petitioner’s allegations of error and injustice
on 20 duly 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
action.
Docket No. 2685-09
RECOMMENDATION :
That Subject’s naval record be corrected, where appropriate, to show
that:
a. Prior to his 31 October 1980 transfer to the Fleet Réserve he
enrolled in SBP for spouse coverage, at the full base amount, naming
a eines Meas 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 17 June 2005.
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.
|Mlawn AUP.
ROBERT DBD. ASALMAN WILLIAM J. HESS, LE
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.
21 July 2009 | mS Fiat
Fea_W. DEAN PFEITPFER
Executive Director
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