DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 08701-10
2 June 2011
From: Chairman, Board for Correction of Naval Records
Te: Secretary of the Navy
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Survivor Benefit Program Manager Casualty Assistance
(N135C) of 16 Dec 10
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a) Petitioner filed
enclosure (1) with this Board requesting, in effect, that the
applicable naval record be corrected to show that she made a claim for
Survivor Benefit Plan (SBP) annuity payments within six years
following the death of her husband, :
2. The Board, consisting of Messrs. Zsalman, Exnicios, and George,
reviewed Petitioner’s allegations of error and injustice on
23 May 2011 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. Subject transferred to the Temporary Disability Retired List
on 1 September 1974. At the time, he was married to pal
a7 and was auto enrolled in the Survivor Benefit Plan (SBP) with
maximum spouse and child coverage.
c. Subject died on 2 March 1976. Petitioner alleges that she
submitted a claim for an SBP annuity and received payment from March
1976 to September 1979, when she remarried and was therefore,
ineligible to continue to receive an SBP annuity. Although, the
Defense Finance Accounting Service (DFAS) has no record of Petitioner
submitting an SBP claim, or receiving an annuity, they do have a
record of the minor child enum receiving SBP annuity payments
from 1979 until the age of majority in 1993.
da. Petitioner divorced her second husband in April 1986. a?!
QQMMMME was still maintained as the SBP annuitant.
e. Petitioner remarried her third husband in June 1986, and was
divorced in September 2009.
£. In 2009, after Petitioner’s divorce, she initiated a claim to
DFAS to restart her SBP annuity since she was now single. DFAS denied
the claim based on the fact that there was not enough information or
evidence to prove that Petitioner submitted a claim back in March
1976, upon Subject’s death.
g. In August 2010, Petitioner submitted a claim with the Board
for Correction of Naval Records to restart her SBP annuity since she
claims that she is now eligible and that she submitted an initial
claim within six years of her first husband’ s Qe
death.
h. 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
RECOMMENDATION:
That Subject’s naval record be corrected, where appropriate, as
follows:
a. Petitioner made a timely written claim for Survivor Benefit
Plan annuity payments to DFAS within one day of her husband's ea
death.
b. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
NOTE: Petitioner is currently receiving disability indemnity
compensation (DIC).
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.
ybO
ROBERT D. ZSALMAN WILLIAM J. HESS,“ IIL
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.
2 June 2011 “1S AD ea
Fee_wW. DEAN PFTEFFER
Executive Director
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