DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
DIC
Docket No. 11863-10
6 Jul il
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 18 Mar 11
(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 timely request to withdraw the Survivor Benefit Plan
(SBP) termination request.
2. The Board, consisting of. Mr. Pfeiffer, Mr. George, and
Mr. Exnicios, reviewed Petitioner’s allegations of error and injustice
on 5 July 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 Qe anc Petitioner Qu
GUS. ere married in 1984.
c. Subject GUEEEnEenS) se ived from active duty on
30 September 2003. He was automatically enrolled in the SBP because
he failed to make a valid SBP election,
d. Subject requested to terminate his participation during the
period prescribed by law. The request was received by Defense Finance
and Accounting Service (DFAS) at 9:27pm on 306 September 2006, within a
few hours of the deadline. DFAS erroneously believed that the request
was tardy and therefore did not process his termination request.
Accordingly, costs (or “premiums”) continued to be deducted from
Subject’s retired pay.
Docket No. 11863-10
e. Subject QED cicd on 10 October 2009. He
was still married to Petitioner QB) at the time of
his death.
f. Petitioner quent made application for an
SBP annuity to DFAS. However, DFAS denied the request because they
now realized that Subject had properly requested to terminate SBP
participation during the period prescribed by iaw.
g. Petitioner has submitted an application to this Board seeking
a change to her deceased husband’s naval record to entitle her to an
SBP annuity. She cites the payment of continuous premiums from her
husband's retirement until his death and DFAS’s error as bases for her
request.
h. In correspondence attached as enclosure (2), the Navy’s SBP
program manager has commented to the effect that the request 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.
RECOMMENDATION:
That Subject's naval record be corrected, where appropriate, to show
that: -
a. Subject QE and Petitioner QQ
mi: . made a timely written request under 10 USC 1448a to
withdraw the SBP termination request. The request to withdraw the
termination request was received by the DFAS on 1 October 2006, the
day after the SBP termination request was received by DFAS.
b. That a copy of this Report of Proceedings 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. ZSALMAN WILLIAM J. an fH
Recorder Acting Recorder
Docket No. 11863-10
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.
6 Jul 11 ye hed, Cr
Sexy DEAN PFEIFER
' Executive Director
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