DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
‘BAN .
Docket No.NR02877-13
16 September 2013
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
Ref: (a) Title 10 U.S.C. 1552
Enel: (1) DD Form 149 w/attachments
(2) Survivor Benefit Plan Program Manager Casualty Assistance
(PERS-13) of 21 Aug 2013
(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 that Subject enrolled in the Survivor Benefit Plan
(SBP) pursuant to the BARBER decision.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and George,
reviewed Petitioner’s allegations of error and injustice on .
16 September 2013 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.NRO2877-13
RECOMMENDATION:
That Subject's naval record be corrected, where appropriate, as follows:
a. Prior to Petitioner's 21 December 1979, transfer to the Fleet
Reserve, he enrolled in the SBP for spouse coverage, at the full base
amount, naming as the sole 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 Sy
d. A copy of this Report of Proceedings will 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{(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.
ROBERT D. ZSALMAN BRONTE I. Haute d
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 o£ the
Navy.
16 September 2013 \y
W. DEAN PFET
Executive Diréctor
NAVY | BCNR | CY2013 | NR2022-13
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS Hind BF GRRL poi Toren MS Se ISTE pe sted Ce See et | ie ee et Pe ARLINGTON, VA 22204-2490 DIC Docket No. Pursuant to the provisions of reference (a) Subject, 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) and timely written request for conversion from spouse and child to former...
NAVY | BCNR | CY2008 | 05097-08
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. The Board, consisting of Messrs. Pfeiffer, Zsalman, and Exnicios, reviewed Petitioner’s allegations of error and injustice on 18 August 2008 and, pursuant to its regulations, determined that...
NAVY | BCNR | CY2008 | 06172-08
06172-08 25 August 2008 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. Pursuant to the provisions of reference (a) Subject’s widow, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that Subject enrolled his spouse in the Survivor Benefit Plan (SBP) pursuant to the BARBER decision. The Board, consisting of Messrs. Pfeiffer, Zsalman, and...
NAVY | BCNR | CY2006 | 03499-06
Pursuant to the provisions of reference {a) Subject, 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. The Board, consisting fete CK and a a, reviewed Petitioner's allegations of error and injustice on 26 September 2006 and, pursuant to its regulations, determined that the corrective action indicated below should...
NAVY | BCNR | CY2011 | 03980-11
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 GHD decision. The Board, consisting of Messrs. Pfeiffer, Zsalman, and George, reviewed Petitioner’s allegations of error and injustice on 25 duly 2011 and, pursuant to its regulations, determined that the corrective...
NAVY | BCNR | CY2001 | 05760-01
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) for spouse coverage. The Board, consisting of Messrs. Geisler, Harrison, and Rothlein, reviewed Petitioner 25 September 2001 and, pursuant to its regulations, allegations of error and injustice on determined that the corrective action indicated below should be taken on the available evidence of record. (2), the Board...
NAVY | BCNR | CY2009 | 04485-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BAN Docket No. 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 that Subject enrolled in the Survivor Benefit Plan (SBP) pursuant to the BARBER decision. 04485-09 RECOMMENDATION: That Subject’s naval record be corrected, where...
NAVY | BCNR | CY2000 | 06487-00
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 MEH:ddj Docket No: 6487-00 8 May 2001 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy End: (1) DD Form 149 w/attachments (2) BUPERS memorandum of 12 April 2001 (3) Subject’s naval record 1. Pursuant to the provisions of reference (a), Subject’s spouse, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the...
NAVY | BCNR | CY2013 | NR3501-13
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 prior to Petitioner’s retirement on 30 August 2012, he declined Survivor Benefit Plan (SBP) coverage with spousal concurrence. Docket No.NRO3501-13 b. Petitioner and his spouse married on on prior to the of his retirement, he submitted a DD Form 2656-2 (SBP Termination Request) seeking to decline SBP coverage. c,...
NAVY | BCNR | CY2008 | 04720-08
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. The Board, consisting of Mr. Zsalman, Mr. Pfeiffer, and Mr. George, reviewed Petitioner’s allegations of error and injustice on 8 September 2008 and, pursuant to its regulations, determined that...