DEPARTMENT OF THE NAVY
FoR CORRECTION OF NAVAL RECORDS
we
4S, COURTHOUSE RD SUITE 1004
ARLINGTON VA 22204-2490
-
BAN
Docket No.NR:04260-14
14 October 2014
From: Chairman, Board for Correction of Naval Records
To: secretary of the Navy
Subi :
Ref: {a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Survivor Benefit Plan Program Manager Casualty Assistance
(PERS-13}) memo of 2 Sep 2014
1. Pursuant to the provisions of reference (a) Subject’s deceased
spouse, 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 enroiled in the Survivor
Benefit Plan: (SBP) pursuant to the BARBER decision.
2, The Board, consisting of Mr. Ruskin, Mr. Vogt, and Ms. Bianchi,
reviewed Petitioner's allegations of error and injustice on
7 October 2014 and, pursuant to its regulations, determined that the
corrective action indicated below should be taken on the available
evidence of record. pocumentary 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 te 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 reguest 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 .NRO4260-14
RECOMMENDATION:
That Subject’s naval record be corrected, where appropriate, as follows:
a. Prior to Petitioner's 28 May i976, transfer to the Fleet
Reserve, he enrolled in the_SBP for spouse coverage at the full base
amount , —— as the gole benefici
|
2
7 amadounid ag there ia
Cath We Se re
election of declination executed py Subject is ud
no evidence Petitioner was notified of her spouse's decision to decline
SBP.
b. =! SBP premiums which would have’ been aeducted from Subject #&
retired*pay since his transfer to the Fleet Reserve will be geducted from
Petitioner’s future penefits.
NOTE: Tf Petitioner fails or is unwiliing to make the payments, then the
effective change of the BCNR will be voided.
5. subject died 2
a. 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)) 4t is certified chat quorum was present at the
Board's review and deliberaticns, and that the foregoing is a true and
complete record of the Board’ 8 proceedings in the above antitled
matter. (ih
co Hay)
5. Pursuant to the delegation of authority set out an Section 6({e)
of the revised procedures of the Board for correction of Naval Records
(32 Code of Federal Regulations, Section 993.6 (e)}) and having assured
compliance with its provisions, it is hereby announced that the
Eoregoing corrective action, taken under the authority of reference
(a), has been approved by the Board on pehalf of the Secretary of the
Navy.
14 October 2014
ROBERT J. O'NETLL
Executive Director
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