DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No. 12493-09
27 Apr 10
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj : REVIEW OF NAVAL _—
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC Memo dtd 2 Mar 10
(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 he
corrected to show enrollment in the Survivor Benefit Plan (SBP)
pursuant to the BARBER decision.
2. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman, and
Mr. George, reviewed Petitioner's allegations of error and injustice
on 26 April 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 ali 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. 12493-0909
RECOMMENDATION:
That Subject’s naval record be corrected, where appropriate, to show
that:
a. Prior to his 31 May 1984 transfer to the Fleet Reserve he
enrolled in SBP for spouse coverage, at the full base amount, naming
Se 2: bc 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. Petitioner is responsible for any unpaid SBP costs that would
have been deducted if he enrolled at the time of his transfer to the
Fleet Reserve. No annuity will be paid to Petitioner until all unpaid
costs have been reimbursed. No waiver of unpaid costs will be
granted.
c. Subject died on 26 April 2007.
ad. 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.
(illrand, We
ROBERT D. 4SALMAN WILLIAM J. HESS, III
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.
— TR KD
‘ “a
Frew W. DEAN PFEDFFER
Executive Director
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